Sonu Gupta @ Chandrashekhar Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7403 of 2020 Arising Out of PS. Case No.-276 Year-2019 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Sonu Gupta @ Chandrashekhar Prasad Gupta, S/o Parasnath Sah, Resident of Sikandarpur, P.S.- Town, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Singh For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for State.

The petitioner in this case is seeking anticipatory bail in connection with Laheriyasarai P.S. Case No.276 of 2019 registered for the offences punishable under Sections 25(1-B) (a), 26 and 35 of the Arms Act and Sections 399, 402 and 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that in the confessional statement of the co-accused altogether three names transpired, they are Sunil Kumar, Saroj Kumar and one Roshan Kumar. Out of them, Sunil Kumar and Saroj Kumar have been granted privilege of regular bail by the learned court below. Learned counsel submits that the name of this petitioner has transpired in the confessional statement of the co-accused but no

Patna High Court CR. MISC. No.7403 of 2020(2) dt.28-02-2020 2/3 incriminating material has been recovered from his possession. Learned APP for the State has though opposed the prayer for anticipatory bail of the petitioner, but accepts that no incriminating material has been recovered from the possession of this petitioner and his name has transpired in the confessional statement of the co-accused.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the name of this petitioner has transpired in the confessional statement of the co-accused, no incriminating material has been recovered from his possession as also that the petitioner has no criminal antecedent, let the petitioner in the event of his arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Laheriyasarai P.S. Case No.276 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

Patna High Court CR. MISC. No.7403 of 2020(2) dt.28-02-2020 3/3 (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T