Kanhaiya Gupta @ Kainhaiya Prasad Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79959 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== 1.
Kanhaiya Gupta @ Kainhaiya Prasad Gupta S/O Arjun Prasad Gupta 2.
Praduman Kumar @ Praduman Raj Gupta S/o Kanhaiya Gupta @Kanhaiya Pd. Gupta 3.
Babli Devi @ Babita Devi W/o Kanhaiya Prasad @ Kanhaiya Pd. Gupta All Resident of Village - Bhareti, Police Station - Wazirganj,District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pratik, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2024 Heard learned counsel for the petitioners and Mr. Pratik learned APP for the State.
2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Wazirganj P.S. Case No.142 of 2024 instituted for the offence under Sections 341, 323, 308 379, 504, 506/34 of the Indian Penal Code.
3. The case of the prosecution is that on the date of the occurrence Kanhaiya Gupta threw garbage before the shop
Patna High Court CR. MISC. No.79959 of 2024(2) dt.05-12-2024 2/3 of the informant. When the informant objected the petitioners along with one other started assaulting the informant. It is further submitted that Chhote Lal, Uma Shankar and Kundan Kumar had received head injuries. It is further alleged that a golden chain of Uma Shankar was also snatched.
4. During course of argument learned counsel of the petitioner has submitted that there is counter version of this case for the occurrence of same day. It is clear from the FIR itself that parties are having dispute. The nature of allegation is general and omnibus. From perusal of order of the trial court it is clear that the victims of the case have received simple injury.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Wazirganj P.S. Case No.142 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief
Patna High Court CR. MISC. No.79959 of 2024(2) dt.05-12-2024 3/3 Judicial Magistrate, Ist Gaya, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Prakash Narayan U T