Bhual Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58528 of 2022 Arising Out of PS. Case No.-386 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== Bhual Prasad Gupta Son Of Ram Swaroop Sah R/O Village- Harsidhi, P.S.- Harsidhi, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Adv.

Mr. Arvind Kumar, Adv.

Mr. Kumar Rajdeep, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Harsidhi P.S. Case No. 386 of 2021 lodged under Sections 302/ 120(B)/ 34 of the I.P.C.

As per the prosecution case, the F.I.R. has been lodged against unknown criminals.

Learned counsel for the petitioner submits that the name of the petitioner has figured in this case by virtue of the confessional statement of the co-accused. Counsel further submits that the antecedent of the petitioner is clean and he is in

Patna High Court CR. MISC. No.58528 of 2022(3) dt.22-02-2023 2/2 custody since 11.07.2022.

Learned counsel for the State opposes the prayer for bail and submits that it is a case of murder of an R.T.I. worker. Upon specific query from the counsel for the petitioner that whether charge has been framed in this case or not, counsel submits that charge has not been framed but he has also submitted that other co-accused persons have been granted regular bail as well as anticipatory bail, orders are annexed in Annexure-2 series.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present but liberty is hereby granted that he may renew his prayer for bail after framing of charge before the Trial Court and the Trial Court is directed to release him on bail thereafter, imposing its own conditions, so that he may not evade his appearance during trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T