Shankar Prasad Gupta v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35559 of 2018 Arising Out of PS.Case No. -330 Year- 2014 Thana -SAHARSA District- SAHARSA ====================================================== Shankar Prasad Gupta son of Late Ram Lakhan Prasad Gupta resident of Chandni Chowk, Ward No. 20, P.S. & District - Saharsa. .... .... Petitioner
Versus
1. The State of Bihar.
2. Mahabir Prasad Gupta son of Late Ram Lakhan Prasad Gupta resident of J.P. Sweets Corner, Chandni Chowk, Ward No. 20, P.S. & District - Saharsa.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Mukund, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks pre-arrest bail in connection with Sadar P. S. Case No.330 of 2014 registered under Sections 323, 341, 448, 467, 468, 471, 380 and 420 read with 34 of the India Penal Code.
It is submitted that the instant case, which had initially been registered as complaint case and was referred to the police for investigation in exercise of power conferred under Section 156(3) of the Code of Criminal Procedure, is a fallout of the prevailing family dispute between the two brothers, namely, the
Patna High Court Cr.Misc. No.35559 of 2018 (2) dt.29-06-2018 2/2 complainant and the petitioner pertaining to the property which both inherited after the death of their parties. Considering the nature of allegation made in the complaint and the submissions made above, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above, who is said to be a man of clean antecedent, is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Ld. C.J.M., Saharsa in connection with Sadar P. S. Case No.330 of 2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Kanchan/- U T