Subhash Gupta @ Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17846 of 2023 Arising Out of PS. Case No.-393 Year-2022 Thana- PARBATTA District- Khagaria ====================================================== 1.

Subhash Gupta @ Subhash Kumar S/O Dinesh Gupta R/V- Khiradih, P.S.- Parvatta, District- Khagaria 2.

Dinesh Gupta S/O Late Mahavir Gupta R/V- Khiradih, P.S.- Parvatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 325, 504, 506, 307, 379/34 of the Indian Penal Code.

3. Petitioners along with other accused persons are said to have assaulted the informant and his family members by means of lathi, danda and rod.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that the

Patna High Court CR. MISC. No.17846 of 2023(5) dt.29-08-2023 2/2 injured were examined by the doctor who reserved the opinion with regard to nature of injuries. He submits that the petitioners and informant are next door neighbor and there is land dispute between the parties. He further submits that petitioners have two criminal antecedents as stated in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 Parbatta P.S. Case No. 393 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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