Allowed

Santosh Gupta @ Santosh Kumar Gupta v. The State of Bihar

Patna HC20 Dec 2022CR. MISC./8612/2022

Case brief

AI extract

What is this about?

The High Court of Patna, in Criminal Misc. No. 8612 of 2022, granted bail to the petitioner involved in forgery and cheating charges. The petitioner had clean antecedents and the prosecution witnesses provided conflicting testimony regarding ticket handover. Bail granted subject to conditions.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 20,000 with two sureties of similar amount.

Santosh Gupta @ Santosh Kumar Gupta Vs The State of Bihar — Patna HC (2022) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8612 of 2022

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Arising Out of PS. Case No.-34 Year-2020 Thana- NARKATIYAGANJ RAIL P.S. DistrictWest Champaran

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======================================================

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Santosh Gupta @ Santosh Kumar Gupta, Son of Late Ambika Prasad, Resident of Village - Narayanpur, Ward No.1, Ram Nagar, P.S.- Ram Nagar, Distt.- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate For the State : Mr. Jharkhandi Upadhyay, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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4 20-12-2022

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks.

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In the present case, the petitioner seeks bail in connection with Narkatiyaganj Rail P.S. Case No. 34 of 2020 registered for the alleged offences under Sections 467, 468, 471, 420 and 34 of the Indian Penal Code.

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As per prosecution case, petitioner issued forged circular rail ticket to a group of passengers and they were caught and fine and penalty was realized from such passengers.

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Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case.

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Patna High Court CR. MISC. No.8612 of 2022(4) dt.20-12-2022 2/3

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For an occurrence which took place on 12.08.2018, 04.10.2018 and 05.10.2018, the F.I.R. was lodged on 07.10.2018. Learned counsel further submits that during investigation it has come on record that the petitioner has not handed over tickets to any of the passengers and the persons who handed over the tickets, took the name of this petitioner as the person from whom they procured the tickets. The petitioner earlier used to run an N.G.O. but he met with an major accident and he left the work of N.G.O. Learned counsel further submits that even from the facts of the F.I.R. it is clear that railway has realized the penalties and the fare of the tickets. So, no loss has been caused to them. Charge sheet has been submitted in this case and the petitioner is in custody since 23.10.2021. Similarly placed co-accused Sikandara Sahani has been granted bail by this Court vide order dated 26.07.2022 passed in Cr. Misc. No. 8167 of 2022. The petitioner has got clean antecedent.

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Learned A.P.P. for the State opposes the prayer for bail of the petitioner submitting that witnesses examined during investigation have named the petitioner who provided the forged tickets. All the witnesses have supported the prosecution case that the petitioner provided the forged tickets to innocent passengers.

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Having regard to the facts and circumstances and submission made on behalf of the parties and considering the

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Patna High Court CR. MISC. No.8612 of 2022(4) dt.20-12-2022 3/3

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submission of charge sheet along with period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Railway Narkatiyaganj at Bettiah, West Champaran in connection with Narkatiyaganj Rail P.S. Case No. 34 of 2020, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:

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(i) One of the bailors will be a close relative of the petitioner.

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(ii) The petitioner will remain present on each and every date fixed by the court below.

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(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

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(Arun Kumar Jha, J)

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Gautam/daya

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U T

Santosh Gupta @ Santosh Kumar Gupta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Gupta @ Santosh Kumar Gupta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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