Arbind Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37508 of 2022 Arising Out of PS. Case No.-333 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== 1.

Arbind Gupta Son Of Shri Nabab Sah R/O Village- Mathahi, Ward No. 06, P.S. And Distt.- Madhepura 2.

Sanjeet Kumar Son Of Shri Nabab Sah R/O Village- Mathahi, Ward No. 06, P.S. And Distt.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suman Kumar Jha For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 427, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is specific allegation of firing is not against these petitioners, hence, no case under Section 307 IPC and 27 of the Arms Act is made out against them. He submits that there is case and counter case between the parties. He submits that there is specific allegation

Patna High Court CR. MISC. No.37508 of 2022(3) dt.03-11-2022 2/2 of firing against co-accused who fired upon the informant with intention to kill him. He further submits that petitioner no. 1 has no criminal antecedent whereas petitioner no. 2 has two criminal antecedent as stated in the supplementary affidavit filed by the learned counsel for the petitioners on 13.10.2022. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, 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 Madhepura P.S. Case No. 333 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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