Sureshwar Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43209 of 2015 Arising Out of PS.Case No. -107 Year- 2014 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sureshwar Prasad Gupta son of Late Kedar Prasad Gupta, All resident of village Kasba Mehsi, Police Station- Mehsi, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Ram Shankar Das (Spl.PP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and learned Special Public Prosecutor for the State. The petitioner prays for anticipatory bail in a case under Sections 147,148,447,448,341, 323,313, 379, 354, 504, 506 of the Indian Penal Code and 3(i) (x) of the SC/ST (Prevention of Atrocities) Act.

Learned counsel for the petitioner submits that omnibus allegations have been made against all the accused persons including the petitioner and no specific allegation has been made against the petitioner. It is further submitted that the occurrence is alleged to have taken place after the election process was over. It is further submitted that there is no allegation of abusing by caste name against the present petitioner. It is also

Patna High Court Cr.Misc. No.43209 of 2015 (2) dt.03-11-2015 2/2 submitted that the petitioner has no criminal antecedent. Learned counsel further submits that as many as seven, out of ten accused persons, have already been granted anticipatory bail by order dated 29.7.2015 of this Court passed in Cr. Misc. No. 27248 of 2015.

On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Sureshwar Prasad Gupta, in the event of his arrest/surrender in the Court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Mehsi P.S. Case No. 107 of 2014 to the satisfaction of Sri Rajeev Kumar-IV, Judicial Magistrate, 1st Class, Motihari, East Champaran, subject to the other conditions as laid down under Section 438(2) Cr.P.C.

(Ramesh Kumar Datta, J) S.Pandey/- U T