Patna High CourtCR. MISC./33935/2014bail granted

Kanhaiya Gupta And ANR v. The State Of Bihar

2015-01-22Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.33935 of 2014 (3) dt.22-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33935 of 2014 Arising Out of PS.Case No. -82 Year- 2014 Thana -BRAHMPUR District- BUXAR ======================================================

1. Kanhaiya Gupta Son of Late Sital Gupta

2. Sanjay Gupta Son of Kanhaiya Gupta Both resident of Village - Rahathua, P.S. - Brahmpur, District - Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sanjay Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-01-2015 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioners are in jail custody since 28.04.2014 in a case registered for the offences punishable under Sections 341, 323, 307, 302/34 of the Indian Penal Code.

It appears from perusal of the first information report that the root cause of the present case is said to be land dispute and it is specifically stated that co-accused, Balkishore Gupta gave bamboo blows repeatedly on the head of the deceased. So far as the injured persons of this case are concerned, admittedly, both the injured have sustained simple injury. The deceased sustained two

Patna High Court Cr.Misc. No.33935 of 2014 (3) dt.22-01-2015 injuries on his head and it is admitted case of the prosecution that the author of the aforesaid injuries is co-accused, Balkishore Gupta.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Brahmpur P.S. Case No. 82 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T