Akash Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22260 of 2018 Arising Out of PS.Case No. -52 Year- 2017 Thana -BELCHAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Akash Kumar Gupta, son of Praddep Kumar Gupta, resident of VillageKamal Nath Nagar, Police Station- Bettiah Town, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 26.07.2017 in connection with Balthar P.S. Case No. 52/2017 registered for the offences punishable under Sections 396 of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioner submits that admittedly the case is against unknown persons and on the basis of the confessional statement made before the police, the petitioner was taken into custody on suspicion and since thereafter, he was made to confess his own guilt. It was further submitted that even in the confessional statement made by the co-accused, the petitioner's name does not figure and he has been languishing in custody for no fault of his own.

Patna High Court Cr.Misc. No.22260 of 2018 (3) dt.11-05-2018 2/3 Diary in the present case was called for which has since been received.

Having heard learned counsel for the petitioner and learned counsel appearing on behalf of the State and there being no further cogent material in the case diary to implicate the present petitioner, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Balthar P.S. Case No. 52/2017, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or their wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) 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 reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if

Patna High Court Cr.Misc. No.22260 of 2018 (3) dt.11-05-2018 3/3 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. (Anjana Mishra, J) Saif/- U T