Bishwanath Prasad Gupta And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16137 of 2015 Arising Out of PS.Case No. -197 Year- 2014 Thana -BIRPUR District- SUPAUL ======================================================

1. Bishwanath Prasad Gupta S/o Ramdeo Prasad Gupta

2. Prabhu Prasad Gupta S/o Ramdeo Prasad Gupta

3. Ashok Kumar Gupta S/o Ram Narayan Prasad Gupta All are resident of Hridayanagar, P.S. Birpur, District Supaul. ... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-04-2015 Heard both sides.

The petitioners apprehend their arrest in a case under Sections 353, 431 and other sections of the Indian Penal Code. The informant alleged that many people had assembled and blocked the road at Bhawanipur Chawk for arresting the accused involved in the kidnapping of Sonu Kumar Gupta for which Birpur P.S. case No. 172/2014 was registered. It is submitted that the people had assembled on the road on 14.10.2014. The informant did not make any allegation of using any force by the members of the mob. The blockade was removed on the same day but the F.I.R. was lodged on 17.10.2014. Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender in the court

Patna High Court Cr.Misc. No.16137 of 2015 (2) dt.29-04-2015 2/2 below within four weeks from today, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Birpur (Supaul) in Birpur P.S. Case No. 197 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) Dilip/- U T