Sanjay Kumar Gupta And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17175 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -OBRA District- AURANGABAD ======================================================

1. Sanjay Kumar Gupta S/o Ramjee Prasad Gupta

2. Manohar Gupta S/o Ramjee Prasad Gupta Both R/o Obra, P.S. Obra, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Obra P.S.Case No.8 of 2018 , registered for offences punishable under Sections 147, 140, 290, 283, 307, 332, 427, 504 and 152 of the Indian Penal Code .

Allegation against the petitioner no.1 is of trying to strangulate the neck of the informant and against the petitioner no.2 trying to snatch the revolver and they also obstructed the police in discharge of their duty and created road blockage by setting tyres on fire.

Submission of the learned counsel for the petitioners is that as a matter of fact road accident took place and the petitioners created road blockade and demanded Rs.1 lac as compensation. The name of the son of Vivek Kumar was implicated in this case

Patna High Court Cr.Misc. No.17175 of 2018 (3) dt.15-05-2018 2/2 and Rs.1 lac was demanded by the informant as petitioner raised grieves against the informant, name of the petitioner has been mentioned in the present case.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, surrender before the court below within a period of four weeks from the date of order and on their surrender they will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Daudnagar in connection with Obra P.S.Case No.8 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T