Allowed

Bishnu Gupta Alias Vishnu Gupta v. the State of Jharkhand

Jharkhand HC4 Sept 2019A.B.A./2275/2019

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the High Court of Jharkhand, Ranchi, granted anticipatory bail to the petitioner apprehending arrest for offences related to an LPG gas explosion. The court imposed conditions regarding cooperation with investigation and appearance before the Investigating Officer under Section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted; petitioner to be released on surrender within four weeks upon furnishing bail bond of Rs. 25,000/- with two sureties and complying with conditions.

Bishnu Gupta Alias Vishnu Gupta Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B. A. No. 2275 of 2019

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Bishnu Gupta @ Vishnu Gupta … Petitioner Versus

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The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. A.K. Kashyap, Sr. Adv. For the State : Addl. P.P.

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07 / 04.09.19 Heard the parties.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Chandwa P.S. Case No. 97 of 2012 (G.R. No. 523 of 2012 ) registered under Sections 285, 304A of the Indian Penal Code, section 4, 6 and 7 of the Liquefied Petroleum (Regulation of Supply and Distribution Order), 2000.

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The learned senior counsel appearing for the petitioner submits that the allegations against the petitioner is that he was running a shop in his house where he illegally used to bring L.P.G. gas cylinders without having any license and while such illegal use of L.P.G. gas, fire broke out in the shop in which, several persons were seriously injured, of whom, six persons died later on. It is then submitted that the allegations against the petitioner are all false and except the offence punishable under section 7 of Essential Commodities Act read with order no. 3 of Liquefied Petroleum (Regulation of Supply and Distribution Order), 2000 all other offences involved in this case are bailable in nature. It is next submitted that the petitioner is an authorized agent for sale of oxygen cylinders in the market of Chandwa and elsewhere by Chotanagpur Industrial Gases (Pvt.) Ltd and in this respect, learned senior counsel draws attention of the court to annexure 2 of the brief, which is the copy of the dealership agreement. It is further submitted that the alleged occurrence is in fact an accident for which, the petitioner is no way responsible. It is next submitted

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that the petitioner is ready to co-operate with the investigation of the case hence, the petitioner be given the privilege of anticipatory bail.

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The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

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Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of four weeks from the date of this order, the petitioner shall be released 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 learned CJM, Latehar in connection with Chandwa P.S. Case No. 97 of 2012 (G.R. No. 523 of 2012 ) subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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( ANIL KUMAR CHOUDHARY, J.)

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Smita/-

Bishnu Gupta Alias Vishnu Gupta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bishnu Gupta Alias Vishnu Gupta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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