Satyendra Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19949 of 2020 Arising Out of PS. Case No.-200 Year-2019 Thana- MAKER District- Saran ====================================================== SATYENDRA KUMAR GUPTA S/o Nandlal Sah Resident of At- Pir Maker, P.S.- Maker, District- Saran at Chhapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Anil Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 323, 307, 379 of I.P.C. Allegation is that the accused persons including the petitioner assaulted the informant and his uncle by means of

Patna High Court CR. MISC. No.19949 of 2020(3) dt.05-10-2020 2/3 fists, slaps, iron rod and dab, due to which they sustained injuries.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is a case and counter case between the parties. For a petty reason free fight is alleged to have taken place. The date of occurrence is 27.08.2019. In respect of that, a complaint case was filed on 06.12.2019. Delay has not been explained by the prosecution. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XII, Saran at Chhapra in connection with Maker P.S. case No.200 of

Patna High Court CR. MISC. No.19949 of 2020(3) dt.05-10-2020 3/3 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T