Shailesh Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59170 of 2023 Arising Out of PS. Case No.-186 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== Shailesh Gupta S/O Bechan Prasad Gupta @ Bechan R/O Vill.- Odbaliya, P.S.- Nichloul, Dist.- Maharajganj (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dimpal Kumari For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. According to the FIR, some miscreants are alleged to have assembled for preparation of offence thereafter, police raided the place of occurrence but all of them succeeded to flee away. Upon search, some arms and vehicles including car of the petitioner were recovered from there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather his name transpired in this

Patna High Court CR. MISC. No.59170 of 2023(2) dt.04-09-2023 2/2 case on the basis of documents which were recovered from his car. Nothing has been recovered from conscious possession of the petitioner. The recovery shows from the seized car of the petitioner are only Adhar card and driving license which are in the name of the petitioner. The petitioner has no concerned with the alleged arms seized by the police. Moreover, he has got no criminal antecedent and languishing in judicial custody since 8.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mejorganj P.S. Case No. 186 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi.

(Sunil Kumar Panwar, J) lata/- U T