Subodh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18125 of 2016 Arising Out of PS.Case No. -37 Year- 2016 Thana -JAGDISHPUR District- BHAGALPUR ======================================================

1. Subodh Kumar Gupta S/o Late Babu Lal Gupta Resident of village - Raj Bandh, P.S. Dohraiya, District - Banka at Present Resident of Mohalla - Hanuman Path, Tilkamanjhi, P.S. Tilkamanjhi, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Nirmal Kumar Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-07-2016 A certified copy of the First Information Report has been filed today in Court. Let it be kept on record. Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Jagdishpur P.S. Case No. 37 of 2016, disclosing offences under Section 7 of the Essential Commodities Act and sections 406, 409,420, 120B of the Indian Penal Code.

Learned Senior Counsel appearing on behalf of the petitioner has submitted that all other co-accused persons, who have been named in the First Information Report, except the present petitioner, have been granted anticipatory bail by this Court. He submits that the case of the petitioner is not different

from the other persons, who have been granted anticipatory bail. Considering the aforesaid submissions by the learned Senior Counsel appearing on behalf of the petitioner, this application is allowed.

Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in Jagdishpur P. S. Case No. 37 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U