Abhishek Kumar Gupta @ Abhishek Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72530 of 2025 Arising Out of PS. Case No.-142 Year-2024 Thana- Kalibagh District- West Champaran ====================================================== 1.
Abhishek Kumar Gupta @ Abhishek Gupta, Son of Amar Babu Prasad, Resident of Village- Khadda Musahi, Ward No. 05, P.S. -Nautan, District -West Champaran.
2.
Rajeev Dwivedi @ Rajeev Rajan Dwivedi @ Rajeev Ranjan Dwivedi, son of Gopali Mahato, Resident of Village- Kamalnath Nagar, Ward No. 23, P.S.- Bettiah Town, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-11-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Kalibagh P.S. Case No. 142 of 2024, registered for the offences punishable under Sections 318(4), 316(2), 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the allegation against the petitioners is of committing fraud of Rs. 3,50,000/- with the informant on the pretext of giving him job in the Bihar Forest Department.
4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.72530 of 2025(2) dt.03-11-2025 2/3 case. Petitioner no. 1 is the owner of the building in which coaccused Rahul Kumar runs a shop and petitioner no. 2 is the staff who used to work in the shop of the co-accused Rahul Kumar and they have received no money from the informant. Petitioners have no concern with the occurrence. Both the parties have also compromised and in this regard compromise petition has also been filed in the learned lower court. Learned counsel further submits that co-accused Rahul Kumar has already been granted bail by the learned C.J.M., Bettiah, West Champaran. Petitioner no. 1 has one criminal antecedent in which he is on bail and petitioner no. 2 has no criminal antecedent. They undertake to cooperate in the investigation and trial of this case.
5. Learned APP opposes the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.72530 of 2025(2) dt.03-11-2025 3/3 the concerned Court where the case is pending in connection with Kalibagh P.S. Case No. 142 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023.
(Sunil Dutta Mishra, J) khushbu/- U T