Kunal Kumar Gupta @ Kunal Kumar @ Kanula Kumar Gupta And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10092 of 2019 Arising Out of PS. Case No.-45 Year-2018 Thana- BARGAINIA District- Sitamarhi ======================================================

1. Kunal Kumar Gupta @ Kunal Kumar @ Kanula Kumar Gupta, aged about 24 years (Male), Son of Jagarnath Prasad, Resident of Village- Bairgania, Ward No. 13, P.S.-Bairgania, Dist.-Sitamarhi.

2. Nitesh Kumar, aged about 23 years (Male), Son of Ramesh Prasad Gupta, Resident of Village- Shivpatti, P.S-Bairgania, Dist.-Sitamarhi

3. Vishal Kumar, aged about 20 years (Male), Son of Purshotam Prasad, Resident of Village- Musachak, P.S-Bairgania, Dist.-Sitamarhi

4. Rohit Kumar Gupta @ Rohit Kumar, aged about 26 years (male), Son of Manoj Kumar Gupta, Resident of Village- Shivpatti, P.S-Bairgania, Dist.- Sitamarhi

5. Samrat Patel, aged about 20 years (male), Son of Om Prakash Patel, Resident of Village- Shivpatti, P.S-Bairgania, Dist.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. M.K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioner are seeking anticipatory bail in connection with Bairgania P.S. Case No.45 of 2018, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 353, 504 of the Indian Penal Code. The police party has gone to arrest Mohd. Sakir Ali, Roshan Kumar and Mohd. Mumtaz Ali, but the villagers has obstructed in arresting these persons and obstructed the road by

Patna High Court Cr.Misc. No.10092 of 2019(2) dt.20-02-2019 2/2 burning tyre. No specific allegation has been made against these petitioners.

Looking to the entire facts and circumstances of the case, let the above-named petitioners, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Bairgania P.S. Case no. 45 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition is that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) Pawan/ S. Katyayan/- U T