Chandrashekhar Gupta @ ... vs The State Of Bihar
2021 Latest Caselaw 2939 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 36615 of 2020
            Arising Out of PS Case No.-7 Year-2020 Thana- PARBATTA District- Khagaria
      ======================================================

1. Chandrashekhar Gupta @ Chandrashekhar Prasad Gupta, aged about 50 years, Gender-Male, Son of Late Mahabir Prasad Gupta.

2. Kapildeo Gupta, aged about 53 years, Gender-Male, Son of Late Mahabir Prasad Gupta.

3. Moni Gupta @ Manish Kumar Gupta, aged about 22 years, Gender-Female, Son of Chandrashekhar Guta @ Chandrashekhar Prasad Gupta.

4. Soni Gupta @ Rajnish Kumar, aged about 24 years, Gender-Female, Son of Chandrashekhar Gupta @ Chandrashekhar Prasad Gupta. All are residents of Village - Lagar Chak Prayag, PS - Parbatta, District - Khagaria.

... ... Petitioner/s Versus The State of Bihar

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

      For the Petitioner/s    :        Mr. Kumar Kamal Nayan, Advocate
      For the State           :        Mr. Parmanand Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Kumar Kamal Nayan, learned counsel for

the petitioners and Mr. Parmanand Kumar, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioners apprehend arrest in connection with

Parbatta PS Case No. 07 of 2020 dated 05.01.2020, instituted

under Sections 341, 323, 504 and 506/34 of the Indian Penal

Code.

Patna High Court CR. MISC. No.36615 of 2020 dt.01-07-2021

4. The allegation against the petitioners is that they had

come with firearms and had threatened and abused the informant

not to do construction on his land and on police being called, they

had fled away.

5. Learned counsel for the petitioners submitted that the

fact is that the informant, Prema Devi, had hot altercation with co-

accused, Tony Yadav, who was arrested with firearm and the

petitioners have been falsely implicated only due to there being

land dispute. Learned counsel submitted that no injury of any

person has been brought on record and, thus, nothing happened so

as to make out any criminal offence, much less against the

petitioners. It was further submitted that the petitioners have no

criminal antecedent. He submitted that no specific overt act has

been alleged against the petitioners and only general and omnibus

allegation has been made and there has been no recovery of any

firearms from them.

6. Learned APP submitted that as per the allegation in

the FIR, the petitioners were also there armed with firearms and

had abused and threatened the informant. However, it was not

controverted that co-accused Tony Yadav was apprehended by the

police with arms but he is not before the Court in the present

petition.

Patna High Court CR. MISC. No.36615 of 2020 dt.01-07-2021

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Khagaria in Parbatta PS Case

No. 07 of 2020, subject to the conditions laid down in Section

438(2) of the Code of Criminal Procedure, 1973 and further, (i)

that one of the bailors shall be a close relative of the petitioners,

(ii) that the petitioners and the bailors shall execute bond and give

undertaking with regard to good behaviour of the petitioners and

(iii) that they shall co-operate with the police/prosecution and the

Court. Any violation of the terms and conditions of the bonds or

the undertaking or failure to co-operate shall lead to cancellation

of their bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioners.

Patna High Court CR. MISC. No.36615 of 2020 dt.01-07-2021

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T