Vinay Prasad Gupta And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51914 of 2016 Arising Out of PS.Case No. -636 Year- 2016 Thana -ARARIA District- ARRARIA ======================================================

1. Vinay Prasad Gupta, S/o Late Rameshwar Prasad Gupta

2. Mira Devi, W/o Vinay Prasad Gupta

3. Monu Gupta, S/o Vinay Prasad Gupta

4. Mannu Gupta, S/o Vinay Prasad Yadav

5. Sanjay Prasad Gupta S/o Late Rameshwar Prasad Gupta

6. Jitani Devi W/o Sanjay Prasad Gupta

7. Sonu Prasad Gupta S/o Sanjay Prasad Gupta

8. Sannu Prasad Gupta, S/o Sanjay Prasad Gupta

9. Deepak Prasad Gupta, S/o Late Rameshwar Prasad Gupta, all residents of Mohalla - Om Nagar, Ward No. 8, Post and P.S. Araria, Distt. Araria .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Araria P.S. Case No. 636 of 2016 for the offences instituted under Sections 147, 149, 380, 385, 504, 506 and 427 of the Indian Penal Code.

The prosecution case, in brief, is that the petitioners are said to have looted the house hold articles of worth Rs. 80,000/- from the house of the informant, after breaking the lock of the house.

Patna High Court Cr.Misc. No.51914 of 2016 (2) dt.07-12-2016 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioners. Prior to the institution of the present case relating to the same piece of land a title suit has already been filed by the petitioner no.1. In retaliation to the said title suit, the present case has been instituted by the informant against the petitioners. The said plaint of the said Title Suit is Annexure-2 to the present application. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Araria P.S. Case No. 636 of 2016 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T