Badri Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2347 of 2018 Arising Out of PS. Case No.-114 Year-2013 Thana- NOKHA District- Rohtas ====================================================== Badri Gupta, son of late Lalyi Gupta, resident of village Chola Lalpur, P.S. Cant Varanasi, district Varanasi (UP) ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajesh Kumar Singh, Adv.

For the Opposite Party :

Mrs. SHARDA KUMARI, APP 175 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 21-03-2018 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.

This is a petition for grant of regular bail in connection with Nokha P.S. Case No. 114 of 2013 for offences under Sections 395 and 328 of the Indian Penal Code. Allegation, in brief, is that a truck loaded with cement was taken away by the arms miscreants. They also taken the driver and the cleaner along with them and left them at a deserted place.

Learned counsel for the petitioner submits that there is no material against the petitioner, neither looted truck was recovered from his possession nor he was put on test identification parade and during trial also the petitioner was not identified by any witness and he is in custody since 23.11.2013. Having considered the facts and circumstances, the

Patna High Court Cr.Misc. No.2347 of 2018(6) dt.21-03-2018 2/2 petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Nokha P.S. Case No. 114 of 2013 to the satisfaction of the Additional Sessions Judge, IV, Rohtas at Sasaram, on the conditions that one of the bailors must be close family member of the petitioner and secondly, the petitioner shall appear on each and every date before the trial Court and in case of absence on two consecutive dates without any reasonable cause his bail bonds shall be liable to be cancelled by the trial Court.

(Arun Kumar, J) Shamshad/- U T