Madan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31436 of 2020 Arising Out of PS. Case No.-86 Year-2019 Thana- PANDARAK District- Patna ====================================================== MADAN GUPTA, Son of Ramchander Gupta, Resident of VillageMamrakhabad, P.S.- Pandark, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Bhardwaj For the Opposite Party/s :

Mr.Braj Kishore Pd.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341/323/504/506/307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case in brief is that on 26.07.2019 while the informant was going towards his land, then 3-4 young boys came to him and started abusing him. When he protested then it is alleged that the co-accused Dharmendra Kumar Gupta is said

Patna High Court CR. MISC. No.31436 of 2020(2) dt.29-01-2021 2/3 to have fired upon him by his desi katta which hit him on his left thigh.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in this case. There is no allegation of overt act against the petitioner. There is specific allegation of overt act against the co-accused namely Dharmendra Kumar Gupta regarding firing. As per FIR, there is no allegation of assault attributed against the petitioner.

Learned APP for the State opposed the bail petition and submits that there is no specific allegation of assault by the petitioner but as per FIR, the petitioner was there at the spot and the witnesses recorded at para 4, 5, 6 and 7 supported the prosecution case.

In the aforesaid facts and circumstances of the case, there is no specific overt act against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Barh, Patna in connection

Patna High Court CR. MISC. No.31436 of 2020(2) dt.29-01-2021 3/3 with Pandarak P. S. Case No. 86/2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T