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Patna High CourtCR. MISC./21441/2022allowed

Anant Gupta @ Anant Kumar v. The State Of Bihar

2022-08-24Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21441 of 2022 Arising Out of PS. Case No.-1024 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== ANANT GUPTA @ ANANT KUMAR S/o Ram Chandra Sah Resident of Village- Gosai Tola, Ward No.5, P.S.- Madhepura (Bharahi O.P.), DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under section 147, 148, 149, 307, 354, 379, 506 of IPC.

Allegedly, the petitioner alongwith other accused persons assaulted the wife of the informant and when the family members of informant came to rescue her, the accused persons further assaulted the informant's side by several weapons due to

Patna High Court CR. MISC. No.21441 of 2022(2) dt.24-08-2022 2/3 which they sustained several injuries.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. In the alleged occurrence, both sides sustained injuries and the injuries are simple in nature. There is an admitted land dispute between the parties and both sides are agnates. Petitioner has no criminal antecedent as mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is a case and counter-case between the parties and the injuries are simple in nature, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, 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 learned court below where the case is

Patna High Court CR. MISC. No.21441 of 2022(2) dt.24-08-2022 3/3 pending/Successor Court in Madhepura (Bharrahi O.P.) P.S. Case No.1024 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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