Santosh Gupta @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75272 of 2022 Arising Out of PS. Case No.-430 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Santosh Gupta @ Santosh Kumar Son Of Kuber Prasad Resident Of Village - Lakhaura, P.S.- Lakhaura, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of Arms Act. The allegation against the petitioner and other co-accused person committed murder of the husband of the petitioner due to business rivalry.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.75272 of 2022(3) dt.25-04-2023 2/3 falsely been implicated in the present case. The name of petitioner has been dragged in this case merely on the basis of suspicion. There is neither any eye witness of the alleged offence nor any consistent material evidence against the petitioner. Moreover, the petitioner is languishing in judicial custody since 14.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Town P.S. Case No. 430 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.75272 of 2022(3) dt.25-04-2023 3/3 East Champaran, Motihari.

(Sunil Kumar Panwar, J) Nirajkrs/- U T