Amit Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30408 of 2017 Arising Out of PS.Case No. -86 Year- 2017 Thana -PATORI District- SAMASTIPUR ======================================================

1. Amit Kumar Gupta Son of Chirangi Lal Sah @ Chirangi Sah, Resident of Village-Lawapur, Police Station-Mahnar, District-Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Patori P.S.Case No.86 of 2017, registered for offences punishable under Sections 457 and 380 of the Indian Penal Code and Section 411 of the Indian Penal Code was later added. The petitioner is not named in the F.I.R. and it appears from perusal of the impugned order that he has been made accused on the basis of confession of the co-accused. Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the petitioner and on that confessional; he has been made accused in two other cases also and apart from that he is not accused in any other case. The petitioner is in custody for more than four months.

Patna High Court Cr.Misc. No.30408 of 2017 (2) dt.19-07-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Samastipur, in connection with Patori P.S.Case No.86 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, otherwise, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T