Chandragupt Kumar @ Chandragupt v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56725 of 2019 Arising Out of PS. Case No.-129 Year-2018 Thana- GOPALPUR District- West Champaran ====================================================== CHANDRAGUPT KUMAR @ CHANDRAGUPT Son of Late Harinarayan Ram Resident of Village - Ambedkar nagar Colony, ward No.31, Baswariya, P.S.- Bettiah Town, Dist.- West Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Gopalpur P.S. Case No. 129/2018 registered under Sections 399 and 402 of the Indian Penal Code and 25(1-B)(a), 26, 35 of the Arms Act.

Learned counsel for the petitioner submits that petitioner is simply a victim of false implication. Learned counsel submits that no incriminating article is recovered from the possession of the petitioner and his name transpired in the confessional statement of the co-accused as also petitioner is said to be a student.

Patna High Court CR. MISC. No.56725 of 2019(3) dt.20-11-2019 2/3 Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case, where the petitioner has got clean antecedent and no incriminating article is recovered from his possession and his name has only transpired in the confessional statement of the co-accused as also that the petitioner is said to be a student, let the petitioner named-above, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Gopalpur P.S. Case No. 129 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any

Patna High Court CR. MISC. No.56725 of 2019(3) dt.20-11-2019 3/3 person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T