Allowed

Manish Kumar Gupta v. The State of Bihar

Patna HC2 Mar 2023CR. MISC./9689/2023

Case brief

AI extract

What is this about?

Regular bail application in a case arising out of the Agniveer agitation arrests. Court granted bail on bonds of Rs. 10,000 with two sureties, imposing conditions including availability for interrogation and cancellation clauses if grounds or disclosures proved false.

What did the court decide?

Enlarged on bail on furnishing bail bonds of Rs. 10,000 with two sureties of like amount to the satisfaction of CJM, Bettiah.

Manish Kumar Gupta Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9689 of 2023

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Arising Out of PS. Case No.-461 Year-2022 Thana- BETTIAH CITY District- West

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Champaran

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

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Manish Kumar Gupta, S/O Kamlesh Kumar Gupta @ Kamlesh Gupta, Resident of Village- Charahiya, P.S.- Semara, District- West Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 02-03-2023

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This case is listed for hearing out of turn on

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account of mentioning that the case arises out of Agniveer agitation and the petitioner is to appear in Indian Army Agniveer Examination, 2023, scheduled on 11.03.2023.

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Heard Ld. counsel for the petitioner and Ld. APP for the State.

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The petitioner seeks bail in connection with Bettiah Town (Kalibagh O.P.) P. S. Case No. 461 of 2022, registered for the offences punishable under Sections 147, 148, 149, 448, 427, 323, 341, 307 and 120 (B) of the Indian Penal Code.

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The prosecution story as emerges from the FIR is

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Patna High Court CR. MISC. No.9689 of 2023(2) dt.02-03-2023 2/5

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that on information that the students of Bihar called strike in regard to protest on 17.06.2022 against the Central Government Scheme Agniveer, the informant in order to pacify the situation arrested the petitioner and others as a member of mob.

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Ld. counsel for the petitioners submits that the petitioner are innocent and have falsely been implicated in this case. He further submits that the petitioner was arrested during Agniveer movement. It is very difficult for the police to identify any person in the crowd and the name of the petitioner has been given only on the basis of suspicion. He further submits that investigation in this case is complete and charge-sheet has already been submitted.

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He further submits that the petitioner has been languishing in jail since 22.06.2022.

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It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in two other cases.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier

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Patna High Court CR. MISC. No.9689 of 2023(2) dt.02-03-2023 3/5

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either for anticipatory bail or regular one.

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However, Ld. APP for the State vehemently

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opposes the prayer of the petitioner for bail.

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Considering the aforesaid facts and circumstances, this application is allowed , directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Chief Judicial Magistrate, Bettiah, District – West Champaran, in connection with Bettiah Town (Kalibagh O.P.) P. S. Case No. 461 of 2022, on the following conditions:

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(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.

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(ii) The petitioner will undertake that

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investigation/trial will not get hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

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(iii) The petitioner 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

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Patna High Court CR. MISC. No.9689 of 2023(2) dt.02-03-2023 4/5

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from disclosing such facts to the court or to any police officer.

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(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.

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It is made clear that in case the ground of out of turn hearing as mentioned by Ld. Counsel for the petitioner is found to be false by the court below on information provided by the informant and the court below getting satisfied that the ground mentioned for out of turn hearing is false, the court below shall cancel the bail-bonds of the petitioner.

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Ld. counsel for the petitioner is directed to remove

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Patna High Court CR. MISC. No.9689 of 2023(2) dt.02-03-2023 5/5

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all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

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(Jitendra Kumar, J)

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skm/-

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U T

Manish Kumar Gupta v. The State of Bihar

Case brief

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Manish Kumar Gupta v. The State of Bihar

Case brief

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