Dhruv Prasad Gupta @ Dhruv Narain Pd. Gupta @ Dhruv Narain Gupta @ Dhrup Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72282 of 2019 Arising Out of PS. Case No.-367 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Dhruv Prasad Gupta @ Dhruv Narain Pd. Gupta @ Dhruv Narain Gupta @ Dhrup Prasad Gupta Son of Late Puran Ram Resident of Village Naya Bazar Kesariya, P.S. - Kesariya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Sahebganj P.S. Case No. 367 of 2019 registered for the offence punishable under Sections 341, 342, 307, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner and co-accused, namely, Ram Narayan Rai called the husband of the informant at the Janki Inter College for interaction over the property dispute and after conversation, when her husband was regressing to his house, on the way, two unknown motorcycle borne criminals resorted firing on his back making him injured. Her husband has taken the name of the petitioner as well in the occurrence. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.72282 of 2019(2) dt.11-12-2019 2/2 that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case due to land dispute. There is no eyewitness of the occurrence. There is nothing cogent on record indicating the complicity of the petitioner in the occurrence barring the confessional statement of co-accused Mukesh Kumar recorded by the police, which has no evidentiary value in the eye of law. Petitioner does not happen to be assailant. Petitioner happens to be old person aged about 79 years and is a diabetic patient. Petitioner has been languishing in custody since 24.08.2019.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st cum SubJudge 1st, (West) Muzaffarpur in connection with Sahebganj P.S. Case No. 367 of 2019.

(Prakash Chandra Jaiswal, J) rohit/- U T