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Patna High CourtCR. MISC./34664/2024bail granted

Arvind Prasad Gupta @ Pappu Sonar v. The State Of Bihar

2024-05-28Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34664 of 2024 Arising Out of PS. Case No.-176 Year-2022 Thana- MALSALAMI District- Patna ====================================================== Arvind Prasad Gupta @ Pappu Sonar son of Kamla Prasad Gupta RESIDENT OF MOHALLA- NURPUR KATRA BAZAR, P.O.- JHAUGANJ, SIMLI MURARPUR, P.S.- MALSALAMI DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Ranjan, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-05-2024 Heard Mr. Alok Ranjan, learned counsel for the petitioner and Mr. Murli Dhar, learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Malsalami Police Station Case No. 176 of 2022 registered on 25.03.2022 for the offences punishable under Sections 341, 323, 354, 427, 448, 385, 504 and 506/34 of the Indian Penal Code.

3. As per prosecution case, in the evening of 20.03.2022, the petitioner along with other four unknown persons entered into the house of informant, started abusing him and when daughter-in-law and grand daughter of the informant intervened, the accused persons pushed them with wrong intention due to which both of them fell on the ground. It is

Patna High Court CR. MISC. No.34664 of 2024(2) dt.28-05-2024 2/3 further alleged that the accused persons also demolished the wall of the house of the informant and demanded land as extortion.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to land dispute between the parties. He further submits that the brother of the petitioner purchased a piece of land by the side of the house of informant and when the petitioner was constructing his house, the informant created all sort of hindrances and obstacles to restrain the petitioner from constructing the house upon the subject land.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the brother of the petitioner is a purchaser of a land beside the house of the informant upon which the construction was being made by the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. Accordingly, let the petitioner, named above, in the event of his arrest or surrender before the Court below within six weeks from today, 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 learned Additional Chief

Patna High Court CR. MISC. No.34664 of 2024(2) dt.28-05-2024 3/3 Judicial Magistrate, Patnacity, Patna in connection with Malsalami Police Station Case No. 176 of 2022, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) perwez U T