Kishan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63644 of 2019 Arising Out of PS. Case No.-587 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== KISHAN GUPTA Son of Anil Gupta Resident of Mohalla-Nawada (Arrah), P.S-Arrah (Nawada), District-Bhojpur (Arrah). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Krishna For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 290 of the Indian Penal Code, including Sections 27/35 of the Arms Act, registered in connection with Arrah (Nawada) P.S. Case No. 587 of 2019.

3. It is submitted that the petitioner has been made accused in connection with unknown motor-cycle riders, who made firing of four to five rounds. It is submitted that except suspicion on the basis of information disclosed by some local persons, there is no objective material to connect the petitioner with the alleged occurrence. No one has sustained any injury. It is submitted that ingredients of the offences alleged are not attracted and no incriminating article has been recovered from

Patna High Court CR. MISC. No.63644 of 2019(2) dt.22-10-2019 2/3 the conscious possession of the petitioner, who claims clean antecedents.

4. Be that as it may, in the event of petitioner's arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioner 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 learned C.J.M., Bhojpur at Arrah in connection with Arrah(Nawada) P.S. Case No. 587 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further 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 co-operate 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. (iv) 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

Patna High Court CR. MISC. No.63644 of 2019(2) dt.22-10-2019 3/3 bail bond shall be liable to be cancelled by the learned court concerned.

(Vikash Jain, J) HR/- U T