Rajeshwar Prasad Gupta @ Rajeshwar Prasad Gupt v. The State Of Bihar

Patna High Court Cr.Misc. No.25493 of 2017 (3) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25493 of 2017 Arising Out of PS.Case No. -409 Year- 2015 Thana -BIHTA District- PATNA ====================================================== RAJESHWAR PRASAD GUPTA @ RAJESHWAR PRASAD GUPT son of Late Duraga Prasad, R/o- village- Katesar, P.S.- Bihta, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithvi Nath Mishra For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bihta Police Station Case No. 409 of 2015, disclosing offences under Sections 147, 148, 149, 341, 323, 325, 307, 353, 332, 333, 152 and 153(A) of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. In fact, altogether 60 known and 150 unknown persons have been named in the F.I.R. and this petitioner who is said to be a member of mob only has been implicated in this case due to village politics. The petitioner who is aged about 72 years is innocent and has not committed any offence. Moreover, 15 co-accused persons have

Patna High Court Cr.Misc. No.25493 of 2017 (3) dt.06-07-2017 been granted anticipatory bail vide Cr. Misc. No. 55297 of 2016 by a co-ordinate Bench of this Court. Hence, the petitioner also deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, in connection with Bihta Police Station Case No. 409 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T