Niraj Kumar Gupta @ Niraj Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84046 of 2024 Arising Out of PS. Case No.-238 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== Niraj Kumar Gupta @ Niraj Gupta S/o Late Rakesh Prasad Gupta R/o L.I.G.Colony, Hanuman Nagar, P.S. Patrakar Nagar, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 307/120B of the Indian Penal Code and Section 27 of the Arms Act.

3. The petitioner along with other co-accused is said to have made indiscriminate firing. The name of the petitioner surfaced in this case on the disclosure of local chaukidar and villagers.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. None has sustained any injury in the alleged occurrence. Similarly situated co-accused, namely, Binay

Patna High Court CR. MISC. No.84046 of 2024(2) dt.16-12-2024 2/2 Kumar and others have been enlarged on bail by a co-ordinate bench of this court vide order dated 20.12.2023 passed in Cr. Misc. No. 76644 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Khusrupur P.S. Case No. 238 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T