Laxmi Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73122 of 2019 Arising Out of PS. Case No.-472 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== Laxmi Kumar Gupta, aged about 45 years, male son of Babulal Sao, resident of village-Bhikha Chak, P.S.-Bela, District -Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvan Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of bail in connection with Naubatpur P.S. Case No. 472 of 2019 (District-Patna) registered for the offence punishable under section 395 of the Indian Penal Code.

As per the allegation in the FIR, while 15 quintals of coins having total value of 18 to 20 lacs was being carried by Sudhir Kumar from Patna to Ranchi, the same was looted by unknown persons. The F.I.R. was registered against unknown. It is submitted by learned counsel for the petitioner that in course of investigation one Sudhir Kumar was arrested and it is on the confession of Sudhir Kumar and Pintu Kumar that the name of the petitioner has transpired. The petitioner

Patna High Court CR. MISC. No.73122 of 2019(3) dt.18-12-2019 2/2 happens to be the brother in law of said Sudhir Kumar. He has no concern with the transport of the coin. No incriminating article has been recovered from his possession. He is in custody since 21.7.2019, has not been put on T.I. Parade and the investigation has concluded with submission of chargesheet. It is finally submitted that the petitioner has no criminal antecedent.

The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner is in custody since 21.07.2019, he has not been put on T.I. Parade, the investigation has concluded with submission of chargesheet and the petitioner has no criminal antecedent the Court is inclined to enlarge the petitioner on bail. Let the petitioner above named be enlarged on bail 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 Additional Chief Judicial MagistrateII, Danapur, District-Patna in connection with Naubatpur P.S. Case No. 472 of 2019 (District-Patna) Bibhash/- (Partha Sarthy, J) U T