Rajesh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4437 of 2023 Arising Out of PS. Case No.-803 Year-2020 Thana- SONEPUR District- Saran ====================================================== 1.

RAJESH KUMAR GUPTA Son of Late Bishva Nath Prasad Gupta Resident at Pahleja, Sahpur P.S.- Sonpur, District- Saran 2.

DEEPAK GUPTA Son of Prabhash Chandra Gupta Resident at Pahleja, Sahpur P.S.- Sonpur, District- Saran 3.

SONU KUMAR Son of Surendra Prasad Singh Resident at Pahleja, Sahpur P.S.- Sonpur, District- Saran 4.

ARUN KUMAR Son of Devnath Rai Resident at Pahleja, Sahpur P.S.- Sonpur, District- Saran 5.

AMARJEET KUMAR Son of Shyam Babu Rai Resident at Pahleja, Sahpur P.S.- Sonpur, District- Saran 6.

BRAJESH KUMAR Son of Suresh Prasad Resident at Pahleja, Sahpur P.S.- Sonpur, District- Saran 7.

GUDDU RAI Son of Nagendra Rai Resident at Pahleja, Sahpur P.S.- Sonpur, District- Saran 8.

RAHUL KUMAR Son of Subash Rai Resident at Pahleja, Sahpur P.S.- Sonpur, District- Saran 9.

BAYASH RAI Son of Nanahak Rai Resident at Pahleja, Sahpur P.S.- Sonpur, District- Saran 10.

KRISHNA RAI Son of Kameshwer Rai Resident at Pahleja Balli Tola, P.S.- Sonpur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-05-2023 Learned counsel for the petitioners seeks permission to withdraw the application in respect of petitioner no. 3 since during the pendency of this application he has been arrested. Permission is accorded.

Patna High Court CR. MISC. No.4437 of 2023(2) dt.19-05-2023 2/3 In view of the above, the application of petitioner no. 3, namely, Sonu Kumar is dismissed as withdrawn. Heard learned counsel for the petitioner nos. 1, 2, 4, 5, 6, 7, 8, 9 & 10 and learned counsel for the State. Petitioners apprehend arrest in connection with Sonpur P.S. Case No. 803 of 2020 registered for the offences under Sections 307 and other allied sections of the Indian Penal Code.

Learned counsel for the petitioners submits that similarly situated co-accused persons have already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 05.12.2022 passed in Cr. Misc. No. 32648 of 2022 as contained in Annexure-2.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner nos. 1, 2, 4, 5, 6, 7, 8, 9 & 10 are directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VI, Saran at Chapra in connection with Sonpur P.S. Case No. 803 of 2020, subject to the

Patna High Court CR. MISC. No.4437 of 2023(2) dt.19-05-2023 3/3 conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) anuradha/- U T