Allowed

Rajesh Kumar Gupta v. The State of Bihar

Patna HC19 May 2023CR. MISC./4437/2023

Case brief

AI extract

What is this about?

The Patna High Court permitted withdrawal of an application by petitioner no. 3 (arrested) and granted anticipatory bail to remaining petitioners based on equality with co-accused, directing release within four weeks upon furnishing bonds.

What did the court decide?

Permission granted to withdraw application of petitioner 3; remaining petitioners released on bail contingent on arrest/surrender.

Rajesh Kumar Gupta Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4437 of 2023

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Arising Out of PS. Case No.-803 Year-2020 Thana- SONEPUR District- Saran

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

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RAJESH KUMAR GUPTA Son of Late Bishva Nath Prasad Gupta Resident at Pahleja, Sahpur P.S.- Sonpur, District- Saran

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DEEPAK GUPTA Son of Prabhash Chandra Gupta Resident at Pahleja, Sahpur P.S.- Sonpur, District- Saran

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SONU KUMAR Son of Surendra Prasad Singh Resident at Pahleja, Sahpur P.S.- Sonpur, District- Saran

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ARUN KUMAR Son of Devnath Rai Resident at Pahleja, Sahpur P.S.Sonpur, District- Saran

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AMARJEET KUMAR Son of Shyam Babu Rai Resident at Pahleja, Sahpur P.S.- Sonpur, District- Saran

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BRAJESH KUMAR Son of Suresh Prasad Resident at Pahleja, Sahpur P.S.Sonpur, District- Saran

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GUDDU RAI Son of Nagendra Rai Resident at Pahleja, Sahpur P.S.Sonpur, District- Saran

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RAHUL KUMAR Son of Subash Rai Resident at Pahleja, Sahpur P.S.Sonpur, District- Saran

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BAYASH RAI Son of Nanahak Rai Resident at Pahleja, Sahpur P.S.Sonpur, District- Saran

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KRISHNA RAI Son of Kameshwer Rai Resident at Pahleja Balli Tola, P.S.Sonpur, District- Saran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Hemant Kumar For the Opposite Party/s : Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER

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2 19-05-2023 Learned counsel for the petitioners seeks permission

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to withdraw the application in respect of petitioner no. 3 since during the pendency of this application he has been arrested.

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Permission is accorded.

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Patna High Court CR. MISC. No.4437 of 2023(2) dt.19-05-2023 2/3

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In view of the above, the application of petitioner no. 3, namely, Sonu Kumar is dismissed as withdrawn.

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Heard learned counsel for the petitioner nos. 1, 2, 4, 5, 6, 7, 8, 9 & 10 and learned counsel for the State.

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Petitioners apprehend arrest in connection with Sonpur P.S. Case No. 803 of 2020 registered for the offences under Sections 307 and other allied sections of the Indian Penal Code.

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Learned counsel for the petitioners submits that similarly situated co-accused persons have already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 05.12.2022 passed in Cr. Misc. No. 32648 of 2022 as contained in Annexure-2.

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Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner nos. 1, 2, 4, 5, 6, 7, 8, 9 & 10 are directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VI, Saran at Chapra in connection with Sonpur P.S. Case No. 803 of 2020, subject to the

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Patna High Court CR. MISC. No.4437 of 2023(2) dt.19-05-2023 3/3

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conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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(Arvind Srivastava, J)

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anuradha/-

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U T

Rajesh Kumar Gupta v. The State of Bihar

Case brief

What is this about?

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Rajesh Kumar Gupta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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