Devendra Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19382 of 2022 Arising Out of PS. Case No.-483 Year-2021 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.

Devendra Kumar Gupta Son Of Late Subhash Chandra Gupta Resident Of Village - Vijaypur, P.S.- Vijaypur, District - Gopalganj. 2.

Satyendra Gupta Son Of Late Subhash Chandra Gupta Resident Of Village - Vijaypur, P.S.- Vijaypur, District - Gopalganj. 3.

Rahul Gupta @ Rahul Kumar Gupta Son Of Prabhunath Prasad Gupta Resident Of Village - Vijaypur, P.S.- Vijaypur, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Chandra For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2022 Learned counsel for the informant has filed the counter affidavit and counsel for the petitioners has also filed supplementary affidavit today in the Court.

Let it be kept on record.

Learned counsel for the petitioners submits that the petitioner no. 3 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner no. 3.

Permission is granted.

Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 3.

Heard learned counsel for the petitioners and learned

Patna High Court CR. MISC. No.19382 of 2022(3) dt.12-09-2022 2/3 Additional Public Prosecutor for the State for consideration of bail with regard to rest of the petitioners.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471, 387, 506, 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that the informant has filed the title suit which is pending before the learned court below. He further submits that petitioners have criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is civil dispute in between the parties, 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

Patna High Court CR. MISC. No.19382 of 2022(3) dt.12-09-2022 3/3 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 Fulwaria P.S. Case No. 483 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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