Gulab Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58224 of 2015 Arising Out of PS.Case No. -94 Year- 2015 Thana -BASOPATTI District- MADHUBANI ======================================================

1. Gulab Prasad Gupta son of Late Laxmi Sah, resident of villageBasopatti, Police Station- Basopatti, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilendu Kumar Choudhary For the Opposite Party/s : Mr. Renu Kumari(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-04-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner is apprehending his arrest in connection with Basopatti P. S. Case No. 94 of 2015 registered for the offences punishable under Sections 341, 323, 307, 379 and 504 of the Indian Penal Code.

The case diary in the present case was called for which has been received.

Learned counsel for the petitioner submits that there has been dispute between the parties, which resulted into the filing of the present case. So far as allegation under Section 307 of the I.P.C. is concerned, the same is made out only to harass the petitioner and to make the charges more grievous.

Patna High Court Cr.Misc. No.58224 of 2015 (3) dt.21-04-2016 2/2 Learned counsel appearing on behalf of the informant submits that the attack on the informant by the petitioner was with a sharp edge weapon, which is grievous in nature. Learned counsel appearing on behalf of the State after perusal of the case diary submits that it is evident that that there was a land dispute between the parties. In view of the present facts and circumstances, there is no other cogent material to connect the petitioner in the present case and also the petitioner has no criminal antecedent, let the above named petitioner in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Ravi Shankar, Judicial Magistrate, 1st class, Madhubani in connection with Bassopatti P.S.Case No. 94 of 2015, subject to condition as laid down under Section 438(2) of Cr. P.C.