Manoj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3565 of 2017 Arising Out of PS.Case No. -72 Year- 2016 Thana -BARGANIA District- SITAMARHI ====================================================== Manoj Kumar Gupta, Son of- Sri Nathuni Prasad Gupta, Resident of Village- Bhakurahar, P.S.- Bairganiya, District- Sitamarhi, (Bihar). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-02-2017 Heard the learned counsel for the petitioner. The petitioner is apprehending his arrest in connection with Barigania P.S. Case No. 72 of 2016 registered for the offences punishable under Sections 147, 148, 149, 447, 448, 323, 324, 307, 380, 427, 504 and 506 of the Indian Penal Code and under Section 27 of the Arms Act.

It has been submitted on behalf of the petitioner that against the petitioner and one other co-accused there is allegation that they assaulted by Talwar to the wife of the informant, but from perusal of the injury report, Annexure-4, it will appear that the injury was caused by hard and blunt substance. It is further submitted that the disputed land is ancestral land of the petitioner, whereas the informant has purchased the land illegally through power of Attorney holder and filed application for mutation which was refused by the Circle Officer, Bairganiya. Heard the learned A.P.P. also Having heard both sides and in view of the fact that there is land dispute between the parties and the land is of the

Patna High Court Cr.Misc. No.3565 of 2017 (3) dt.09-02-2017 2/2 ancestral land of the petitioner which was illegally purchased by the informant through power of attorney holder, for which mutation has been refused by the Circle Officer, let the petitioner, named above, in the even of his arrest or surrender in the court below within four weeks from the date of receipt/ production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in connection with Bairganiya P.S. Case No.

72 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further bailors should be local persons having sufficient immoveable properties within the jurisdiction of the court concerned and they will co-operate in the investigation and appear before police, as and when required, and on failure on his part to appear before the police on two consecutive dates without showing any valid ground, his bail bonds shall be liable to be cancelled.

(Vinod Kumar Sinha, J) BTiwary/- U T