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Patna High CourtCR. MISC./51534/2022bail granted

Binay Gupta @ Binay Kumar Gupta v. The State Of Bihar

2022-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51534 of 2022 Arising Out of PS. Case No.-135 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== 1.

BINAY GUPTA @ BINAY KUMAR GUPTA S/o Late Ayodhi Gupta Resident of Village- Udakishunganj, P.S.- Udakishunganj, DistrictMadhepura. 2.

Bhola Sah S/o S/o Late Sachindar Sah Resident of Village- Udakishunganj, P.S.- Udakishunganj, District- Madhepura.

3.

Rahul Kumar Das S/o Late Nand Kishor Das Resident of VillageUdakishunganj, P.S.- Udakishunganj, District- Madhepura. 4.

Janson Das @ Rakesh Kumar Das S/o - Late Nand Kishor Das Resident of Village- Udakishunganj, P.S.- Udakishunganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2022 Vide order dated 30.09.2022, the petition of petitioner no.4 has already been dismissed as withdrawn. Heard learned counsel for the petitioner nos. 1, 2 and 3 and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 353, 333, 188 and 171(E) of the Indian Penal Code. Allegedly, it is a case of discharging the official duties by the accused persons.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.51534 of 2022(3) dt.11-10-2022 2/2 that the petitioners have falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioners and no specific overt-act against them. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, namely, Binay Gupta @ Binay Kumar Gupta, Bhola Sah and Rahul Kumar Das, in the event of their arrest or surrender before the court below within a period of four weeks from today, 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 ACJM, Udakishunganj, District- Madhepura in connection with Udakishunganj P.S. Case No. 135 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T