IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13285 of 2011 Devendra Prasad Gupta Versus The State Of Bihar ----------- 03/ 7th July 2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Informant/complainant who was lured/deceived with a lumpsum by the accused persons on the pretext of getting his grandson admitted into a Medical College on donation. The contention on behalf of the petitioner is that petitioner is innocent and has fallen victim on account of disclosure made by co-accused although there happens to be total absence of connecting link to the extent that neither the petitioner has got any conversation with the prosecution party, nor has received any amount from the prosecution party but the allegation itself shows that he has been made an escapegoat at the end of main accused. On the other hand, learned APP opposes the prayer and submits that now-a-days there happens to be presence of a gang which is indulged in such kind of 2 activities by having their direct/indirect connection in the whole episode. However, learned APP further concedes fairly that from case diary, none of the prosecution witnesses have disclosed the presence of the petitioner during the whole episode save and except having named by co-accused that too to the extent that his ATM is possessed by the petitioner. In the aforesaid facts and circumstances of the case, petitioner, DEVENDRA PRASAD GUPTA is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnia in K.Hat P.S. Case No. 34/2010, in the event of arrest or surrender within a fortnight subject to the condition as laid down under Section 438(2) of the Cr.P.C. perwez (Aditya Kumar Trivedi, J.)