Bijay Kumar Gupta @ Vijay Kumar Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57762 of 2018 Arising Out of PS.Case No. -74 Year- 2018 Thana -KOTWALI District- MUNGER ====================================================== Bijay Kumar Gupta @ Vijay Kumar Gupta, Son of Late Ram Chandra Prasad Gupta, resident of Village/Mohalla- Madhopur, P.S.- Kotwali, District- Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Manoj Kumar Sah, Son of Late Rama Nand Sah, Resident of Village/Mohalla- Purab Sarai Braham Asthan, P.S. Kotwali, DistrictMunger. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjiv Kumar Singh For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 307, 420, 467, 120(B), 504, 506/311 of the Indian Penal Code.

Allegedly, the petitioner sold the land of Khesera No. 2456 to the informant but later on, the petitioner requested the informant to take possession of land of Khesera No,. 2455 instead of land of Khesera No. 2456.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court Cr.Misc. No.57762 of 2018 (2) dt.10-10-2018 tampering of witnesses alleged against the petitioner. So far offence under Sections-420 & 467 is concerned, the same relates to civil dispute. So far Section-307 of the Indian Penal Code is concerned, the allegation of assault is by fist and slaps. No deadly weapon is alleged to have been used in course of occurrence. There is no injury report on the record.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kotwali (Purab Sarai) P.S. Case No. 74 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T