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2021 DIGILAW 548 (PAT)

Chandrashekhar Gupta @ Chandrashekhar Prasad Gupta v. State Of Bihar

2021-07-01

AHSANUDDIN AMANULLAH

body2021
JUDGMENT Ahsanuddin Amanullah, J. - 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. 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 coaccused, 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. 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. 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. 9. The application stands disposed off in the aforementioned terms.