Mahendra Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53481 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- LAUKAHI District- Madhubani ====================================================== 1.

MAHENDRA GUPTA Son of Lokeshwar Gupta Resident of Village - Belha, P.S.- Laukahi, Distt - Madhubani.

2.

Mukesh Gupta @ Mukesh Kumar Gupta Son of Gauri Prasad Gupta @ Gauri Prasad Sahu @ Gauri Gupta Resident of Village - Belha, P.S- Laukahi, Distt - Madhubani.

3.

Nirmal Kumar Son of Jai Narayan Gupta Resident of Village - Belha, P.SLaukahi, Distt - Madhubani. 4.

Jugeshwar Kamat @ Yugeshwar Rai @ Yugeshwar Kamat Son of Bhagya Narayan Rai Resident of Village - Jhitki, P.S- Laukahi, Distt - Madhubani. 5.

Chandan Kumar Sah Son of Jeewach Sah Resident of Village - Navtoli, P.SLaukahi, Distt - Madhubani. 6.

Uma Mandal Son of Gosai Mandal Resident of Village - Belha, P.SLaukahi, Distt - Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Adv.

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-08-2019 The petitioners apprehend their arrest in connection with Laukahi P. S. Case No. 29 of 2019 registered under Sections 143,188,341 and 353 of the Indian Penal Code. Allegation against the petitioners is that the police party arrived near NH-57 with respect to investigation of an accidental case in which one person had died and these petitioners obstructed the police party in performing their duty for about four hours causing inconvenience to the general public.

Patna High Court CR. MISC. No.53481 of 2019(2) dt.27-08-2019 2/2 Learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in this case inasmuch as some of the persons, who were indulged in blocking the road, were arrested at the spot and the FIR has been lodged after lapse of two days in which name of the petitioners have falsely been implicated and the petitioners have got no criminal antecedents.

After having heard learned counsel for the parties and taking into consideration the fact that petitioners have got no criminal antecedents and there is delay in lodging the FIR, as such I am inclined to grant anticipatory bail to the petitioners. Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned SDJM, Jhanjharpur (Madhubani) in connection with Laukahi P.S.Case No. 29 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U