Patna High CourtCR. MISC./51452/2017bail granted

Ashok Kumar Gupta v. State Of Bihar And ANR

2017-11-09Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.51452 of 2017 (2) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51452 of 2017 Arising Out of PS.Case No. -314 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ====================================================== Ashok Kumar Gupta S/o Bhagwati Gupta, R/o Vikash Medical Hall, Ambedkar Chauk Dehri, P.S.- Dehri Nagar, District- Rohtas. .... .... Petitioner

Versus

1. The State of Bihar.

2. Rajni Kant Tiwari S/o Shambhu Tiwari, R/o Village- Dharupur, P.S.- Bikramganj, District- Rohtas.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ashutosh Tripathy, Advocate. For the Opposite Parties : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 31.07.2017 in connection with Dehri (T) P.S. Case No. 314 of 2017 for the offences alleged under Sections 420, 406 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with an amount of Rs. 3,00,000/- said to have been taken by the petitioner for providing service in NTPC. It is submitted that no material whatsoever is available to substantiate the payment of Rs. 3,00,000/- as alleged. There is a delay of five days in instituting the F.I.R. on 07.05.2017 for the alleged occurrence of 02.05.2017. In any event it is submitted that the alleged transaction is of civil nature. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.51452 of 2017 (2) dt.09-11-2017 (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Dehri, Rohtas, in connection with Dehri (T) P.S. Case No. 314 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T