Umesh Chandra Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69536 of 2018 Arising Out of PS. Case No.-178 Year-2017 Thana- KOCHAS District- Rohtas ====================================================== Umesh Chandra Gupta, Son of Late Devchandra Sah, Resident of VillageTiara, P.O.- Manoharpur, P.S.- Rajpur (T), District- Buxar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rameshwar Singh For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Kochas (Parsathua) P.S. Case No.178 of 2017 registered for the offence punishable under Sections 341, 323, 307, 302, 120(B), 109, 504 of the Indian Penal Code and Section 27 of the Arms Act.

Informant is son of the deceased who in his written complaint has stated that on 16.11.2017 in the midnight, petitioner along with F.I.R. named accused came inside the Mill and there is allegation against Dewanand Gupta, Birendera Sah and Dularchan Sah to have fired upon the father of the informant. Allegation against the petitioner, Umesh Chandra Gupta is that he has assaulted on the head of the mother of the informant by butt of rifle, as a result of which, she sustained head injury and became unconscious.

Patna High Court Cr.Misc. No.69536 of 2018(2) dt.06-12-2018 2/3 It has been submitted on behalf of the petitioner that no injury has been found on the person of the mother of the informant. It has been further submitted that there is land dispute between the parties. Petitioner is in custody since 23.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Kochas (Parsathua) P.S. Case No.178 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or

Patna High Court Cr.Misc. No.69536 of 2018(2) dt.06-12-2018 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T