Deepak Kumar @ Deepak Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17080 of 2018 Arising Out of PS.Case No. -545 Year- 2017 Thana -GAYA KOTWALI District- GAYA ====================================================== Deepak Kumar @ Deepak Kumar Gupta S/o late Ram Kishore Prasad Resident of Station Road Shanti Rest House, Gosaibag P.S. Kotwali, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Kotwali P.S. Case No. 545 of 2017 for the offences punishable under section 504/34 of the I.P.C and section 27 of the Arms Act.

Allegedly, when the informant being Ward Parshad was talking to the people of her Ward then the petitioner and other unknown came on two motorcycles and asked about Manoj Kumar, husband of the informant, and the petitioner told her that her husband will be killed and when the nearby persons started assembling then the accused persons after opening fire fled away.

Patna High Court Cr.Misc. No.17080 of 2018 (2) dt.06-04-2018 2/2 The informant did not identify rest three accused persons. Submission is of false implication and that due to previous enmity and land dispute this false case has been lodged, there is no chance of absconding, no arms has been recovered and as such the petitioner deserves sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances stated above, considering that no injury has been caused to any one of any kind and as such the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M, Gaya in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T