Patna High CourtCR. MISC./18986/2019bail granted

Shivji Prasad Gupta @ Shivji Pd. Gupta v. The State Of Bihar

2019-05-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18986 of 2019 Arising Out of PS. Case No.-383 Year-2018 Thana- HUSSAINGANJ District- Siwan ====================================================== SHIVJI PRASAD GUPTA @ SHIVJI PD. GUPTA, S/o Late Nirbhayanand Gupta, Resident of Village-Faridpur, P.S-Hussainganj, District-Siwan. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with Hussainganj P.S. Case No. 383 of 2018 registered for the offences punishable under Sections 341, 323, 307, 505, 506 and 34 of the Indian Penal Code. Allegation against the petitioner is of assaulting the informant on his head by rod and causing injuries. Submission of learned counsel for the petitioner is that petitioner is own brother of the informant and dispute arose with respect to throwing of bamboo plank on the roof and as such there is no intention of the petitioner to kill him and a counter case has been lodged by wife of the petitioner against the informant and others in which petitioner's side also received injuries.

Heard learned APP also.

Patna High Court CR. MISC. No.18986 of 2019(2) dt.06-05-2019 2/2 In view of above facts and circumstances, let petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Hussainganj P.S.Case No. 383 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T