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Patna High CourtCR. MISC./62444/2018bail granted

Durgesh Kumar Gupta @ Durgesh Gupta And ORS v. The State Of Bihar

2018-10-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62444 of 2018 Arising Out of PS.Case No. -15 Year- 2018 Thana -CHENARI District- SASARAM (ROHTAS) ======================================================

1. Durgesh Kumar Gupta @ Durgesh Gupta, Son of Ganesh Gupta,

2. Ramji Sah @ Ramji Sao, Son of Late Mahdev Sah,

3. Tinku Gupta @ Tinku Kumar Gupta,

4. Guddu Gupta, Petitioner no.3 & 4 are Sons of Ramhi Sao @ Ramji Gupta, All residents of Village- Loji, Police Station- Chenari, DistrictRohtas at Sasaram. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 342, 379, 307 of the Indian Penal Code.

The prosecution case, in brief, is that the informant had gone to purchase articles from Karpura Chowk. In the meantime, the FIR named accused persons caught hold of him and having taken to his house, they started assaulting him (the informant). It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.62444 of 2018 (2) dt.11-10-2018 of tampering of witnesses alleged against the petitioners. There is case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Rohtas, Sasaram in connection with Chenari P.S. Case No. 15 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T