HIGH COURT OF PATNA
Mr. Justice Chakradhari Sharan Singh
CHANDAN GUPTA @ CHANDAN KUMAR GUPTA – Appellant
Versus
The State – Respondent
CR. MISC./31582/2020
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31582 of 2020
Arising Out of PS. Case No.-235 Year-2019 Thana- DUMRAO District- Buxar
======================================================
CHANDAN GUPTA @ CHANDAN KUMAR GUPTA Son of Late Birendra
Prasad Gupta Resident of Village - Kasiya, P.S.- Dumraon, District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Sanjay Kumar
:
Mr.Rahul Nath
For the Opposite Party/s :
Mr.Mukeshwar Dayal (APP)
======================================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
2
02-12-2020
Heard learned counsel for the parties.
This application for grant of regular bail arises out of
Dumraon P.S. Case No. 235 of 2019 registered for the offence
punishable under Sections 307, 120(B), 34 of the Indian Penal
Code and Section 27 of the Arms Act.
It is alleged that on 24.06.2019 in the night at 9 P.M.,
two unknown miscreants came to the informant’s shop, who
were seeking certain information from the informant’s staff,
about the petitioner. As they were not getting any response, they
shot at the informant’s staff and left the place. It is evident from
the F.I.R. that the informant is an eyewitness. It transpires from
the F.I.R. that allegedly, the petitioner was demanding extortion
money from the informant, under the threat of his life. The
Patna High Court CR. MISC. No.31582 of 2020(2) dt.02-12-2020
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petitioner has criminal antecedent inasmuch as he is accused in
following criminal cases, as stated in paragraph 3 of the
application, which are as follows:-
“(i) Dumraon P.S. Case No. 163 of
2019 under Sections 385, 387 I.P.C.
(ii) Dumraon P.S. Case No. 30 of 2019
under Sections 447, 341, 323, 504, 506,
509, 427, 307 and 34 I.P.C.
(iii) Dumraon P.S. Case No. 499 of
2018 under Sections 447, 307, 34 I.P.C.
He is on bail.
(iv) Dumraon P.S. Case No. 426 of
2018 under Sections 385, 387 I.P.C. He
is on bail.
(v) Buxar (M) P.S. Case No. 141 of
2019 under Sections 447, 386, 34 I.P.C.
and Section 27 of Arms Act.
(vi) Dumraon P.S. Case No. 261 of
2018 under Sections 302, 34 I.P.C. and
Section 27 Arms Act.
(vii) Buxar (T) P.S. Case No. 261 of
2018, under Section 302, 307, 120B, 34
I.P.C. and Section 27 Arms Act.
(viii) Buxar (I) P.S. Case No. 14 of
2019 under Sections 147, 148, 149,
326, 307, 504, 506 I.P.C. He is on bail.
(ix) Buxar (I) P.S. Case No. 46 of 2015
under Section 392 I.P.C. He is on bail.
(x) Buxar (I) P.S. Case No. 53 of 2015
under Sections 25(1-b), 26 of Arms Act.
He is on bail.
(xi) Sasaram P.S. Case No. 1476 of
2017 under Sections 302, 379, 120B,
34 I.P.C. and Section 27 of Arms Act.
(xii) Sasaram P.S. Case No. 69 of 2019
under Sections 385, 387 I.P.C.
(xiii) Daraundha (Siwan) P.S. Case No.
18 of 2017 under Sections 302, 120B
I.P.C. and Section 27 of Arms Act.”
Considering the seriousness of the offence alleged and
Patna High Court CR. MISC. No.31582 of 2020(2) dt.02-12-2020
3/3
the petitioner’s criminal antecedent, I am not inclined to grant
the petitioner, privilege of regular bail for the present.
This application is accordingly rejected.
AKASH/-
(Chakradhari Sharan Singh, J)
U
T
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