Prashant Gupta And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.29938 of 2014 (2) dt.16-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29938 of 2014 Arising Out of PS.Case No. -233 Year- 2008 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Prashant Gupta

2. Nishant Gupta Both sons of Sri Ram Lal Gupta, Resident of Jyoti International 4th Floor, Rajmal Building No. 13 Camac Street, P.S. - Camac Street, Kolkata - 700017 .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Alok Kumar Agrawal, Adv. For the Opposite Party/s : Mr. Md.Ansural Haque, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners, apprehending their arrest in connection with Jehanabad P.S. Case No. 233 of 2008 arising out of Complaint Case No. 121 of 2008 registered for the offences punishable under Sections 143, 323 and 353 of the Indian Penal Code, seek the privilege of pre-arrest bail.

It is submitted that in this case after completing investigation, final form was submitted, showing the case as mistake of fact but thereafter cognizance has been taken resulting the petitioners' apprehend their detention or arrest. It is also

Patna High Court Cr.Misc. No.29938 of 2014 (2) dt.16-01-2015 submitted that the case has also been compromised and out of 2,00,000/- settled amount, 1,00,000/- has already been paid and rest has also been deposited in the bank account. The learned A.P.P. fairly submits that final form has been submitted vide Annexure-2.

In the facts and circumstances as stated above, considering that after investigation, final form was submitted and as such, the petitioners in case of their arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate/concerned court, Jehanabad in connection with Jehanabad P.S. Case No. 233 of 2008, , subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T