Allowed

Rishav Kumar Gupta @ Rishav Gupta @ Rishav Kr Gupta v. The State of Bihar

Patna HC20 Jun 2023CR. MISC./3375/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a case arising from offences under Section 292 IPC and Section 67 IT Act. The grant was conditional upon the verification of a alleged compromise by the trial court.

What did the court decide?

Release on anticipatory bail on furnishing bonds of Rs. 10,000 with two sureties within six weeks, subject to verification of the alleged compromise by the District Court.

Rishav Kumar Gupta @ Rishav Gupta @ Rishav Kr Gupta Vs The… — Quashing and FIR | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3375 of 2023

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Arising Out of PS. Case No.-73 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai

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

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RISHAV KUMAR GUPTA @ RISHAV GUPTA @ RISHAV KR GUPTA Son of Ashok Kumar Gupta @ Ashok Kumar Resident of mohalla - Chatti Road, Ratanpur Near Sarbjinik Dharmshala, P.S.- Town (Ratanpur O.P.), District - Begusarai

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Tapeshwar Sharma ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 20-06-2023

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 292 of the Indian Penal Code and Section 67 of I.T. Act.

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Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is young boy aged about 21 years. It is next submitted that the matter has been compromised between the petitioner and the informant along with the victim as would be evident from Annexure 2 to the anticipatory bail application.

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The Court without going into the merits of the case, based on the submissions made by the learned counsel for the

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Patna High Court CR. MISC. No.3375 of 2023(3) dt.20-06-2023 2/3

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petitioner that the matter has been compromised grants anticipatory bail to the petitioner.

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Learned A.P.P. for the State opposes the prayer for the anticipatory bail of the petitioner.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Begusarai Town P.S. Case No. 73 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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However, the learned District Court before accepting the bail bonds of the petitioner shall verity from the informant and the victim whether the compromise annexed as Annexure 2 with the anticipatory bail application is genuine or not and in the event if the informant or the victim disputes the compromise petition, then the present anticipatory bail order shall not be given effect and in the event if they do not dispute the compromise, then the bail bonds shall be accepted.

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Patna High Court CR. MISC. No.3375 of 2023(3) dt.20-06-2023 3/3

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In the event, if it is found that the compromise was not genuine, the learned District Court shall take all coercive steps to ensure that the petitioner is behind bars as the presumption would be that the petitioner tried to mislead this Court for obtaining bail.

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(Satyavrat Verma, J)

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HarshPandey/-

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U T

Rishav Kumar Gupta @ Rishav Gupta @ Rishav Kr Gupta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rishav Kumar Gupta @ Rishav Gupta @ Rishav Kr Gupta v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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