Manish Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61059 of 2022 Arising Out of PS. Case No.-456 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Manish Kumar Gupta Son of Kamlesh Gupta R/v- Charahiya, P.S.- Semra Bazar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seek bail in a case registered for the offences punishable under Sections 143, 147, 148, 149, 341, 323, 353, 332, 333, 338, 435, 436, 307, 427, 504, 120B, 395 and 412 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3⁄4 of the Prevention of Damage to Public Property Act, 1984.

According to prosecution case, the informant got information that around 500-700 persons are breaking public property and set fire at railway station and they attacked on police force and caused damaged to the residence of the Hon'ble Ex-Deputy CM, Bihar and to the vehicle of Hon'ble M.L.A.

Patna High Court CR. MISC. No.61059 of 2022(2) dt.10-02-2023 2/3 They also committed loot-pat at the petrol pump, and caused damage to CCTV camera.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case only of the basis of the CCTV footage and his confessional statement made before the police. He further submits that it is quite impossible to identify the members of the mob who are more than 700 in numbers with their names, age and address. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 22.06.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bettiah Town P.S. Case No. 456 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.61059 of 2022(2) dt.10-02-2023 3/3 court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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 step 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.

(Rajesh Kumar Verma, J) Vanisha/- U T