Shil Bhadra Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58386 of 2019 Arising Out of PS. Case No.-44 Year-2017 Thana- AGAMKUAN District- Patna ====================================================== SHIL BHADRA GUPTA Son of Basudeo Prasad Resident of Jai Mahabir Colony, Bazar Samiti, P.S.- Bahadurpur, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr.Rakesh Singh, Advocate For the Opposite Party/s :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-06-2020 The petitioner seeks bail in connection with Agamkuan P. S. Case No. 44 of 2017 / G.R. No. 336 of 2017, corresponding to Special Case No. 11 of 2017 instituted for the offences under Sections 419, 420, 467, 468, 471 and 34 of the Indian Penal Code, Section 66(B) of the Information Technology Act, 2000 and Sections 7, 8, 9, 13 (1) (c) (d) (e) read with Section 13(2) of the Prevention of Corruption Act, 1988. It appears from the F.I.R. that the petitioner has not been named in the F.I.R. He has been made accused in this case on the basis of confession made by

Patna High Court CR. MISC. No.58386 of 2019(3) dt.09-06-2020 2/3 Dinesh Yadav and Rishidev Singh.

Mr. Krishna Prasad Singh, learned senior Advocate has submitted that Dinesh Yadav has been granted bail by a Bench of this Court.

As opposed to the aforesaid contention, Mr. Ajay Mishra, learned counsel for the State has submitted that Rishidev Singh, one of the co-accused persons whose case is similar to that of the petitioner has not been allowed bail by another Bench of this Court. The petitioner had earlier preferred an application for bail before this Court vide Cr. Misc. No. 56242 of 2017 which was dismissed as withdrawn. The petitioner is stated to be in custody since 25.07.2018 and in this case, up till now, charges have also not been framed.

Regard being had to the nature of accusation against the petitioner and his period of custody, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs.

Patna High Court CR. MISC. No.58386 of 2019(3) dt.09-06-2020 3/3 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance-1st, Patna in connection with Agamkuan P. S. Case No. 44 of 2017 / G.R. N. 336 of 2017, corresponding to Special Case No. 11 of 2017. The petition stands allowed.

(Ashutosh Kumar, J) skm/- U