Bikash Kumar Gupta @ Vikash Kumar v. The State of Assam

Page No.# 1/2 GAHC010229722024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3375/2024 BIKASH KUMAR GUPTA @ VIKASH KUMAR S/O SRI SATAN SAH @ SATAN PRASAD GUPTA, R/O BASISTHA CHARIALI, OPPOSITE PRABHA DEVI GUPTA ME SCHOOL, P.O. AND P.S. BASISTHA, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. U DUTTA, MR. B. KUMAR Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

07.11.2024

Heard the learned counsel Mr. U. Dutta appearing for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. Public Prosecutor, Assam. Page No.# 2/2

¶2This is an application under Section 483 of the BNSS, 2023 whereby the petitioner Bikash Kumar Gupta @ Vikash Kumar prayed for releasing him on bail after he was arrested in connection with Dhemaji P.S. Case No.177/2024 under Sections 331(3)/305 of the BNS, 2023.

¶3On 24.09.2024, while the informant and his family members were absent in the house, thieves stolen one gold chain, one gold ring, two sets of gold earrings and one gold bangle along with some expensive cloths and a cash amount of ₹7,000/-.

¶4The petitioner is a jeweller by profession. He runs a jewellary shop.

¶5Police seized some gold ornaments from his possession. Police suspected that those gold ornaments are stolen property.

¶6The petitioner submits that he did not know that the gold ornaments were stolen and with a bona fide state of mind, he purchased the gold ornaments.

¶7I have considered the submissions made by the learned counsel of both sides.

¶8The petitioner has already completed 21 days in judicial custody.

¶9This Court is of the opinion that under the given facts and circumstances of the case, the present petitioner no longer deserves to be detained in custody. Therefore, his bail application is allowed.

¶10The petitioner Bikash Kumar Gupta @ Vikash Kumar who was arrested in connection with Dhemaji P.S. Case No.177/2024 under Sections 331(3)/305 of the BNS, 2023, shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Dhemaji, Assam. The bail application is disposed of.

JUDGE Comparing Assistant