Ganesh Gupta And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.54437 of 2016 (3) dt.13-01-2017 N THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.54437 of 2016 Arising Out of PS.Case No. -88 Year- 2016 Thana -GAMAHARIYA District- MADHEPURA ======================================================
1. Ganesh Gupta, Son of Channu Gupta.
2. Binod Gupta, Son of Satto Gupta, Both are Resident of VillageGamhariya, Police Station- Gamhariya, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2.
The petitioners are apprehending their arrest in connection with Gamhariya P.S. Case No. 88 of 2016 for the offences instituted under Sections 147, 148, 149, 188, 34, 323, 333, 337, 353 and 307 of the Indian Penal Code.
3.
Allegation is of assault and threatening to the Government officials.
4.
Learned counsel for the petitioners has submitted that the First Information Report has been instituted against altogether 23 accused persons but no specific allegation of overt act has been leveled against these two petitioners. Neither these petitioners have been arrested on the spot nor any incriminating articles have been recovered from their conscious possession.
Patna High Court Cr.Misc. No.54437 of 2016 (3) dt.13-01-2017 5.
Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Gamhariya P.S. Case No. 88 of 2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Madhepura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T