Om Prakash Gupta And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.47052 of 2017 (2) dt.22-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47052 of 2017 Arising Out of PS.Case No. -324 Year- 2016 Thana -BEUR District- PATNA ======================================================

1. Om Prakash Gupta, son of late Shiv Narayain Gupta, Resident of Mohalla- Jay Prakash Nagar, Post- G.P.O., P.S.- Jakkanpur, DistrictPatna.

2. Pintu Kumar, Son of Uday Kumar Gupta, Resident of Mohalla-Jay Prakash Nagar, Post- G.P.O., P.S.- Jakkanpur, Patna.

3. Ranjeet Kumar, son of Shyam Nandan Gupta, Resident of MohallaEatbarpur, Post- Parsa, P.S.- Parsa Bazar, Patna.

4. Pankaj Kumar, son of Arun Kumar Gupta, Resident of Mohalla- Sipara, Post- G.P.O., P.S.- Beaur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Beur P.S. Case No. 324 of 2016, registered under Sections 147, 323, 341, 427, 380, 504 and 506 of the Indian Penal Code. The accusation is that, on 26.12.2016, in the morning, when the informant went to his shop for taking some articles then saw that petitioners along with Arun Gupta were indulged in breaking the lock of the shop, on which, the informant made protest then he was assaulted by them. Thereafter, Satendra Kumar, son of the informant, rushed to save him then his son was

Patna High Court Cr.Misc. No.47052 of 2017 (2) dt.22-09-2017 also assaulted through lathi and danda causing injury at his head and informant also sustained injury at his thumb. Learned counsel for the petitioners submits that, in fact, the informant occupied the rented shop of petitioner no. 1 and due to non payment of rent, petitioner no. 1 asked the informant to vacate his shop, but the informant did not take any heed and lodged the present case with false allegation only to give undue pressure.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VIII, Patna, in connection with Beur P.S. Case No. 324 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T