Anjani Kumar Gupta @ Mantu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71485 of 2021 Arising Out of PS. Case No.-118 Year-2021 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Anjani Kumar Gupta @ Mantu S/O Ramesh Gupta R/O - Village- Judge Bazar, Bihiya, P.S.- Bihiya, District- Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Kamleshwar Pandey, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-06-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Buxar (Ind.) P.S. Case No. 118 of 2021 registered for the offences punishable under Section 414/34 of the Indian Penal Code. He is in custody since 07.07.2021. The petitioner has got six criminal antecedents.

Learned counsel for the petitioner submits that on secret information, the informant reached at the given place and apprehended 8 persons with two Scorpio vehicles and recovered some ornaments from both the vehicles and from the apprehended persons mobiles have been recovered. On being

Patna High Court CR. MISC. No.71485 of 2021(2) dt.16-06-2022 2/3 asked, the apprehended persons disclosed that they committed theft of the articles which have been recovered from the vehicles. It is alleged that from possession of the petitioner, one Samsung keypad mobile was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that no incriminating article has been recovered from possession of the petitioner. The petitioner has remained in custody since 07.07.2021.

Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the submission that the only article recovered from possession of the petitioner is a Samsung keypad mobile, he is in custody since 07.07.2021, investigation against him is complete and his presence may also be secured in course of trial, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J. XI, Buxar in connection with Buxar (Ind.) P.S. Case No. 118 of 2021, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.71485 of 2021(2) dt.16-06-2022 3/3 And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. The application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: the ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during pandemic period all concerned shall act on the basis of the copy of the order uploaded on the high court website under the heading 'judicial orders passed during the pandemic period'.