Patna High CourtCR. MISC./65241/2024rejected

Chandan Gupta @ Chandan Kumar Gupta v. The State Of Bihar

2024-12-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65241 of 2024 Arising Out of PS. Case No.-1476 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Chandan Gupta @ Chandan Kumar Gupta Son of Late Virendra Prasad Gupta @ Birendra Prasad Gupta Village- Kasiya, Ps- Dumroan, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Rai Sharma, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2024 Heard learned counsels for the parties.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 379, 120B and 34 of the Indian Penal Code and 27 of Arms Act.

3 . The prosecution case in brief, is that on 10.10.2017 at 7.00 PM husband of the informant Dhanjee Singh along with this petitioner and other co-accused persons went for a drive in his Scorpio car and after sometime , informant came to know that her husband was killed by all the accused persons.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner has been falsely implicated in this case merely on suspicion. No such occurrence as alleged has taken place and the entire prosecution is false and concocted. It is further submitted that admittedly the informant

Patna High Court CR. MISC. No.65241 of 2024(2) dt.06-12-2024 2/2 is not an eye witness of the alleged occurrence . Petitioner is in custody since 09.05.2024 .

5 . On the other hand, learned counsel for the State has opposed the prayer for grant of bail to the petitioner and submitted that the petitioner is named in the F.I.R. and there is specific allegation against this petitioner that he took the husband of the informant with him along with other accused persons on Scorpio and committed his murder. Petitioner has got 16 criminal antecedents in which some are of heinous crime .

6. Considering the aforesaid facts and circumstances, nature of accusation the prayer for grant of regular bail to the petitioner is rejected.

(Prabhat Kumar Singh, J) Koushik/- U