Vijay Kumar Gupta v. The State Of Bihar

Patna High Court Cr.Misc. No.47421 of 2018 (2) dt.14-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47421 of 2018 Arising Out of PS.Case No. -12 Year- 2011 Thana -MANIHARI District- MUZAFFARPUR ======================================================

1. Vijay Kumar Gupta, Son of Late Jagarnath Gupta, Resident of VillageKuawa, P.S.- Chakiya, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2018 The petitioner is apprehending his arrest in connection with Maniyari P.S. Case No. 12/2011, registered for offences punishable under Sections 302, 413, 414, 407, 420, 467, 468, 471, 379, 120(B)/34 of the Indian Penal Code.

Petitioner is not named in the F.I.R and his name has been disclosed by the co-accused of this case as the purchaser of looted Masur Dal.

It has been submitted on behalf of the petitioner that petitioner has no role to play in the murder of the deceased and though it is alleged that co-accused persons killed the deceased and looted away the truck carrying Masur Dal and sold the same to the petitioner, however, no recovery has been made from the possession of the petitioner and he has falsely been dragged in this

Patna High Court Cr.Misc. No.47421 of 2018 (2) dt.14-08-2018 case.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and the nature of accusation as well as the fact that the case is of the year 2011, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather this application is disposed of with direction to the petitioner to surrender before the court below and pray for regular bail and if any such application is filed, the court below after considering the submissions of learned counsel for the petitioner and if there was no process initiated under Section 82 and 83 of the Cr.P.C. the court below shall pass an appropriate order, if possible on same day, without being prejudiced by the order of this Court. (Vinod Kumar Sinha, J) sunil/- U T