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Patna High CourtCR. MISC./40666/2019disposed

Mukesh Lal Guput @ Mukesh Kumar Guput @ Ajit Kumar v. The State Of Bihar

2019-07-02Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40666 of 2019 Arising Out of PS. Case No.-61 Year-2019 Thana- VISHNUPAD District- Gaya ====================================================== 1.

MUKESH LAL GUPUT @ MUKESH KUMAR GUPUT @ AJIT KUMAR Son of Radhe Lal Guput Resident of Mohalla- Devchaura, Police StationVishnupad, District- Gaya. 2.

Ramesh Lal Gayab Son of Late Maksudan Lal Gayab @ Late Madan Lal Gayab Resident of Mohalla- Devchaura, Police Station- Vishnupad, DistrictGaya. 3.

Sadanand Guput @ Sadanand Lal Guput Son of Late Kanhaiya Lal Guput Resident of Mohalla- Devchaura, Police Station- Vishnupad, District- Gaya. 4.

Bharat Lal Guput Son of Gajadhar Lal Guput Resident of MohallaDevchaura, Police Station- Vishnupad, District- Gaya. 5.

Ramu Lal Guput @ Anand Lal Guput @ Anand Kumar Guput@ Ramu Guput Son of Bharat Lal Guput Resident of Mohalla- Devchaura, Police Station- Vishnupad, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP for the informant ; Mr. Krishna Prasad Singh, Sr. Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2019 This application, for grant of anticipatory bail, arises out of Vishnupad P.S. Case No. 61 of 2019, disclosing offences under Sections 341, 323, 324, 325, 307, 504, 379 and 34 of the Indian Penal Code.

Allegation against the petitioners is that they assaulted the informant and others causing injuries to them and apart from that it appears that petitioner nos 1 and 2 have criminal antecedents also.

Patna High Court CR. MISC. No.40666 of 2019(2) dt.02-07-2019 2/3 Submission of learned counsel for the petitioners is that the occurrence took place due to dispute between Jajman and Jatri ag Gaya and so far petitioner nos. 3 to 5 are concerned, no specific allegation has been attributed to them and so far petitioner nos. 1 and 2 are concerned, though they have criminal antecedents but against them also no specific allegation has been attributed.

Heard learned A.P.P. as well as Mr. Krishna Prasad Singh, learned senior counsel appearing on behalf of informant. Having heard both sides, so far petitioner nos. 1 and 2 are concerned, I am not inclined to grant the privilege of anticipatory bail to them rather they may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order. So far rest of the petitioners i.e. petitioner nos. 3 to 5 are concerned, in the event of their arrest or surrender before the court below within six weeks, they are directed be released 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 learned Chief Judicial Magistrate, Gaya, in connection with Vishnupad P.S. Case No. 61 of 2019, subject to

Patna High Court CR. MISC. No.40666 of 2019(2) dt.02-07-2019 3/3 the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U