Mahesh Gupta @ Mahesh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2689 of 2023 Arising Out of PS. Case No.-106 Year-2022 Thana- HAYAGHAT District- Darbhanga ====================================================== Mahesh Gupta @ Mahesh Kumar Gupta Son Of Late Siyaram Sah @ Siyaram Gupta R/O Haya Ghat Bazar, P.S.- Haya Ghat, District- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Prasad Singh For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354, 427, 379, 504, 506 and 34 of the Indian Penal Code. Allegation against the petitioner is that he came to the house of the informant and asked her to stop the construction work of the house and further pulled the informant's hair and threw her on the floor.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He also submits that the petitioner has no criminal antecedent as mentioned in

Patna High Court CR. MISC. No.2689 of 2023(2) dt.09-02-2023 2/2 para-3 of this application. He further submits that there is allegation against the petitioner that he had outraged the modesty of the informant. He submits that there is an admitted land dispute between the parties. He submits that the petitioner had filed a petition on 06.05.2021 before the Superintendent of Police, Darbhanga stating therein that the informant and her family members were disturbing the possession of the petitioner from the said vacant land.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Hayaghat P.S. Case No. 106 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T