Ranjan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50334 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- DEOKUND District- Aurangabad ====================================================== Ranjan Gupta, aged about 24 years, Gender-Male, Son of Nand Bihari Gupta Resident of Village-Raghunathpur, P.S.-Haspura, District-Aurangabad (Bihar).

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Krishna Pd. Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the State :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-08-2019 Heard learned senior counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 420 and 120(B)/34 of the Indian Penal Code registered in connection with Deokund P.S. Case No. 5 of 2019.

3. It is submitted that the petitioner has been falsely implicated on the accusation that the informant, a wholesale dealer in grain, supplied paddy worth Rs. 11,00,000/- collected from the farmers to co-accused Deepak Kumar Gupta and his brothers, Ranjit Kumar and the petitioner but price of paddy was not paid. It is submitted that the dispute between the parties is purely of civil nature. The first information report has been lodged against all the family members of co-accused Deepak Kumar Gupta including the lady members. Similarly situated co-accused Ranjeet Kumar @ Ranjeet Gupta has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 06.08.2019 passed in Cr. Misc. No. 49032 of 2019. The petitioner claims clean antecedents.

Patna High Court CR. MISC. No.50334 of 2019(2) dt.13-08-2019 2/2

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, District Aurangabad in connection with Deokund P.S. Case No. 5 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/- U T