Dharamkishore Gupta @ Dharamkishore Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29812 of 2022 Arising Out of PS. Case No.-19 Year-2021 Thana- BAIRIYA District- West Champaran ====================================================== 1.
Dharamkishore Gupta @ Dharamkishore Prasad S/O Late Kadam Lal Prasad @ Kadam Lal Gupta R/O Village _ Khiriyaghat, Chautariya Tola P.S _ Bairiya Distt. _ West Champaran 2.
Aniket Kumar @ Aniket Raj S/o Pannalal Gupta Resident of VillageKhiriyaghat, Chautariya Tola, P.S.- Bairiya, Distt- West Chamapran. 3.
Akash Kumar S/o Bhuali Bhagat Resident of Village- Khiriyaghat, Chautaria Tola, P.S.- Bairiya, Distt. West Champaran. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 379, 307, 504, 506 and 34 of the Indian Penal Code. Petitioners are said to have assaulted the informant
Patna High Court CR. MISC. No.29812 of 2022(2) dt.08-09-2022 2/3 by means of deadly weapons and snatched Rs. 39,000/- from him.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that there is specific overt act against co-accused Sourav Gupta and Suna Lal. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that there is general and omnibus allegation against the petitioners, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bairiya P.S. Case
Patna High Court CR. MISC. No.29812 of 2022(2) dt.08-09-2022 3/3 No. 19 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Ajay, devendra/- U T