Chandan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84662 of 2024 Arising Out of PS. Case No.-261 Year-2018 Thana- DUMRAO District- Buxar ====================================================== Chandan Gupta Son of Late Virendra Prasad Gupta @ Birendra Prasad Gupta Resident of village- Kasiya, P.S- Dumraon, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Rai Sharma For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

3. Earlier the prayer for regular bail of the petitioner was rejected by this vide order dated 07.08.2024 passed in Cr. Misc. No. 47595 of 2024, with a liberty to the petitioner to renew his prayer for bail after framing of charge. Therefore, he has renewed his prayer for bail.

4. As per the prosecution case, allegedly brother of the informant has been shot by some unknown persons, who died in the way of the hospital.

5. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The

Patna High Court CR. MISC. No.84662 of 2024(2) dt.24-01-2025 2/2 allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the charges have been framed against the petitioner. The petitioner has sixteen criminal antecedents and has been languishing in custody since 18.12.2021.

6. Learned APP for the State opposed the bail petition.

7. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Dumraon (Naya Bhojpur) P.S. Case No.261 of 2018, subject to the further condition that petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned Trial Court.

(Anjani Kumar Sharan, J) anand/- U T