Mahantha Gupta @ Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60137 of 2019 Arising Out of PS. Case No.-501 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Mahantha Gupta @ Rajiv Kumar, S/o Basudeo Gupta, R/o Mohalla- Subhash Nagar, Road No. 9, P.S.- Sadar, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagdish Prasad, Advocate Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Raj Kishore Singh, APP For the Informant :

Mr. Jitendra Narayan Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2019 This is an application for grant of anticipatory bail in connection with Sadar P.S. Case No. 501 of 2019, disclosing offences under Sections 302/34 of IPC and Section 27 of the Arms Act.

In this case there is allegation against the petitioner and four other accused persons of assaulting the father of the informant, causing injury, due to which, he succumbed to the injuries.

Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against the petitioner. On the other hand, case diary itself disclosed that one of the witness has stated before the police and named the accused Sunil Gupta as the person who has assaulted by bat of

Patna High Court CR. MISC. No.60137 of 2019(3) dt.20-11-2019 2/2 the pistol to the deceased.

Heard learned A.P.P. as well as learned counsel for the informant, who has opposed the prayer for anticipatory bail on the ground that proclamation has already been made prior to lodging of the case before filing of this bail application before this Court.

Having heard both sides, in view of the allegations, this application is disposed of with a direction to the petitioner to surrender and pray for regular bail before the learned court below, which shall be considered by the learned trial court on the basis of the materials available on the record as well as on the submission made above, and if, possible to be disposed of on the same day.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T