Mantu Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24197 of 2020 Arising Out of PS. Case No.-60 Year-2016 Thana- ROH District- Nawada ====================================================== MANTU GUPTA Son of Late Sakhichand Gupta Resident of Village - Roh Bazar, P.S.- Roh, District - Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate.

For the Opposite Party/s :

Mr. Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 147, 307, 379 & 504 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in brief, is that informant has a jewellery shop in Roh Bazar and after closing his shop when he was regressing to his house after putting the golden and silver ornaments in his bag and when he reached near the house of the petitioner, he is said to have ordered to assault the informant. Thereafter, six to eight persons came and opened fire upon the informant due to which he sustained firearm injury on the left side of his chest.

Patna High Court CR. MISC. No.24197 of 2020(5) dt.05-01-2021 2/2 It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to family dispute as the petitioner is the own younger brother of the informant. No overt act has been attributed against the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has no criminal antecedent.

Having regard to the facts and circumstances of the case, 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 Additional Chief Judicial Magistrate-VI, Nawada in connection with Roh P.S. Case No. 60 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T