Ashok Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31297 of 2024 Arising Out of PS. Case No.-463 Year-2020 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.

Ashok Kumar Gupta, Son Of Late Munilal Gupta, Village- Mahadeva Road, P.S.- Ara Town, P.O.- Ara, District- Bhojpur 2.

Ravi Kumar @ Rajesh Kumar, Son Of Ashok Kumar Gupta, VillageMahadeva Road, P.S.- Ara Town, P.O.- Ara, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjani Kumar, Advocate For the Informant :

Mr. Sanjay Kumar, Advocate Mr. Rahul Nath, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Ara Town P.S. Case No. 463 of 2020 registered for the offences punishable under Sections 341, 323, 504, 506, 423 and 384/34 of the Indian Penal Code.

3. Allegation against the petitioners is that they have broke into the house of the informant and took Rs. 5,000/- from the box and assaulted the informant and his wife with slaps.

4. Learned counsel for the petitioners submits that petitioners are innocent and has falsely been implicated in this case due to land dispute. Petitioner no. 1 is the brother of the

Patna High Court CR. MISC. No.31297 of 2024(2) dt.21-05-2024 2/2 informant and petitioner no. 2 is the nephew of the informant. There is title suit pending between the parties and just to pressurize the petitioners this false case has been filed against the petitioners. Petitioner no. 1 has no criminal antecedent and petitioner no. 2 has one crimnal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Ara Town P.S. Case No. 463 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T