Rakesh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40924 of 2017 Arising Out of PS.Case No. -84 Year- 2014 Thana -MUFFASIL District- AURANGABAD ====================================================== Rakesh Kumar Gupta, son of Surendra Gupta, resident of Village-P.S.- Aurangabad (M), District Aurangabad (Bihar).

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Aurangabad (M) P.S. Case No. 84 of 2014 registered for the offences punishable under Section 394 of the Indian Penal Code. Petitioner is not named in the FIR and later on his name transpires in the confessional statement of co-accused during investigation and it further appears that petitioner has been made accused in eight other similar type of cases. Submission of learned counsel for the petitioner is that petitioner has falsely been implicated in this case and except confessional statement there is nothing against him and he has been remanded in this case on 5.6.2017 but he is in jail in connection with other cases since 2014.

Heard learned APP also.

Having heard both sides and in view of fact that the case

Patna High Court Cr.Misc. No.40924 of 2017 (2) dt.06-09-2017 2/2 is of the year 2014 and petitioner has been remanded in this case in the year 2017, as such, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad (M) P.S. Case No. 84 of 2014, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioner will co-operate in trial and appear in court on each and every date fixed in the case and on failure to appear without any genuine ground or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U