Sanjay Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17842 of 2023 Arising Out of PS. Case No.-430 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== SANJAY KUMAR GUPTA Son of Lal Babu Gupta Resident of Village - Mahdeva (Mahadeva), P.S. - Ara Nagar, Distt. - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-05-2023 Heard Mr. Shiv Prasad Gupta, learned counsel for the petitioner and Mr. Dashrath Mehta, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Ara Town PS Case No. 430/2022 dated 16.05.2022 registered for the offence punishable under Sections 147, 149, 341, 323 and 307 of the IPC and Section 27 of the Arms Act.

3. As per allegation made in the FIR, the petitioner along with other unknown accused persons about 10 to 15 in number arrived at the land of the informant for the purpose of measurement and when the informant objected, the accused persons resorted to firing.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to previous land dispute between the parties. He next submits that

Patna High Court CR. MISC. No.17842 of 2023(2) dt.31-05-2023 2/2 there is a case and counter case inasmuch as FIR No. 431/2022 (Annexure-2) has been lodged by the petitioner against the father of the informant. It is also submitted that no body has sustained injury due to firing allegedly resorted by the petitioner and others.

5. Regards being had to the submissions made by the parties, taking into consideration the fact that both the parties are co-villagers, there is a previous land dispute between them, case and counter is also there and no one has sustained injury in the alleged firing, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur at Ara in connection with Ara Town PS Case No. 430/2022, subject to the condition as laid down under Section 438(2) CrPC. (Anil Kumar Sinha, J) perwez U T