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Patna High CourtCR. MISC./11741/2017bail granted

Arun Kumar Gupta @ Arun Gupta And ANR v. The State Of Bihar

2017-03-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11741 of 2017 Arising Out of PS.Case No. -324 Year- 2016 Thana -BEUR District- PATNA ======================================================

1. Arun Kumar Gupta @ Arun Gupta , Son of Late Shiv Narayain Gupta, Resident of Mohalla- Sipara, Post- G.P.O. , District- Patna.

2. Shyam Nandan Gupta, Son of Late Raghu Nandan Gupta, Resident of Mohalla- Eatbarpur, Post- Parsa, P.S.- Parsa Bazar, District- Patna. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Kumar Mritunjay Narain For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Beur P.S. case no. 324 of 2016 instituted for the offence under Sections 147, 323, 341, 427, 380, 504, 506 of Indian Penal Code. It is submitted on behalf of petitioners that informant is the tenant in the premises of his brother and on account of tenancy dispute, he has been falsely implicated in this case. Although, there is allegation that informant and his son sustained injuries but there is no any grievous injury on their persons.

Patna High Court Cr.Misc. No.11741 of 2017 (2) dt.22-03-2017 2/2 It appears that on the basis of allegation, police has registered case under Sections 147, 323, 341, 427, 380, 504, 506 of Indian Penal Code. Learned Sessions Judge has mentioned in the impunged order that the petitioners took away articles after breaking the lock of the shop. Learned Sessions Judge has not disclosed about any injury having sustained by the informant and his family members. It is mentioned in para 3 of the petition that petitioners have clean antecedents.

Considering the aforesaid facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Beur P.S. case no. 324 of 2016, they will be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Sanjay Priya, J.) rinkee/- U T