Arun Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86677 of 2023 Arising Out of PS. Case No.-249 Year-2023 Thana- SARAI District- Vaishali ====================================================== Arun Gupta, Son Of Late Ram Swarup Gupta, Resident Of Village - Akbar Malahi, Teliya, Sarai Bazar, P.S. - Sarai, District - Vaishali ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Singh For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399, 402, 411 and 413 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per prosecution case, on receiving secret information that some miscreants are assembled and planned to commit a crime, thereafter the police party reached there and there has been recovery of incriminating articles from the possession of co-accused persons.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and
Patna High Court CR. MISC. No.86677 of 2023(2) dt.12-01-2024 2/2 his name has come on the basis of confessional statement of coaccused, who apprehended on spot. The petitioner has no concern with the seized articles. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 03.10.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XVI, Vaishali at Hajipur in connection with Sarai P.S. Case No. 249 of 2023. (Sunil Kumar Panwar, J) Arish/- U T