Rinku Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57772 of 2022 Arising Out of PS. Case No.-560 Year-2019 Thana- KESARIA District- East Champaran ====================================================== Rinku Gupta Son Of Umashankar Sah @ Uma Shankar Gupta Resident Of Mohalla- Sadar Hospital, Campus Belisarai, P.S- Town Motihari, DistrictEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 326, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of opening fire upon the informant by two unknown criminals due to which, the informant sustained gunshot injuries.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.57772 of 2022(3) dt.24-03-2023 2/2 in the F.I.R and his name transpired on the basis of confessional statement of co-accused Kumod Tiwari. Moreover, co-accused Kumod Tiwari has been granted bail by a coordinate Bench of this Court vide order dated 17.11.2021 passed in Cr. Misc. No. 64161 of 2021. The petitioner is languishing in custody since 22.06.2022. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Motihari, East Champaran in connection with Kesariya P.S. Case No. 560 of 2019. (Sunil Kumar Panwar, J) Shageer/- U T