Allowed

Prakash Gupta @Prakash Babu v. The State of Bihar

Patna HC6 Dec 2022CR. MISC./59349/2022

Case brief

AI extract

What is this about?

This criminal miscellaneous order by the Patna High Court grants anticipatory bail to multiple petitioners facing charges under the Indian Penal Code and Arms Act, including offenses like arson, mob violence, and injury to public servants. The court directed petitioners to remove bail hearing defects within four weeks and instructs them to surrender or be arrested within six weeks to avail the bai

What did the court decide?

Released on bail with a bond of Rs. 25,000 each subject to two sureties and conditions under Section 438(2) Cr.P.C., with a direction to appear/surrender within six weeks.

Prakash Gupta @Prakash Babu Vs The State of Bihar — Contempt of Court | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47293 of 2022

¶2

Arising Out of PS. Case No.-42 Year-2022 Thana- BALTHAR District- West Champaran

¶3

======================================================

¶4

BHOLA SAH S/o Late Kushahar Sah Resident of Village- Balthar, P.S.Balthar, District- West Champaran

¶5

Harendra Sah S/o Late Kushahar Sah Resident of Village- Balthar, P.S.Balthark, District- West Champaran.

¶6

Suresh Sah S/o Sodhi Prasad Resident of Village- Balthar, P.S.- Balthar, District- West Champaran

¶7

Manoj Sah S/o Late Kanchan Sah Bihar

¶8

... ... Petitioner/s

¶9

Versus

¶10

THE STATE OF BIHAR Bihar

¶11

... ... Opposite Party/s

¶12

======================================================

¶13

with CRIMINAL MISCELLANEOUS No. 48407 of 2022

¶14

Arising Out of PS. Case No.-42 Year-2022 Thana- BALTHAR District- West Champaran

¶15

======================================================

¶16

SHEIKH AZAD @ MD. SAMI SON OF LATE SHEIKH SAJJAD @ SHEIKH SAHJAD R/O VILLAGE- ARYA NAGAR BALTHAR, P.S.BALTHAR, DISTRICT- WEST CHAMPARAN

¶17

SHEIKH SARAJUL @ SK. MISTER @ MISTER @ SERAJUL SHEIKH SON OF SHEIKH MAUJDAR R/O VILLAGE- ARYA NAGAR BALTHAR, P.S.- BALTHAR, DISTRICT- WEST CHAMPARAN

¶18

SHEIKH BHUTTU @ SHEIKH BHUTTO @ SK. JAHANGEER @ JAHANGIR SHEIKH SON OF LATE SHEIKH SAJJAD R/O VILLAGEARYA NAGAR BALTHAR, P.S.- BALTHAR, DISTRICT- WEST CHAMPARAN

¶19

... ... Petitioner/s

¶20

Versus

¶21

The State of Bihar BIHAR

¶22

... ... Opposite Party/s

¶23

======================================================

¶24

with

¶25

CRIMINAL MISCELLANEOUS No. 48463 of 2022

¶26

Arising Out of PS. Case No.-42 Year-2022 Thana- BALTHAR District- West Champaran

¶27

======================================================

¶28

DRADUN KHATOON @ DARUDAN KHATOON W/o Mazid Mian Resident of Village- Aryanagar, P.S.- Balthar, Distt- West Champaran.

¶29

FAZIR MIAN @ FAJIL MIAN S/o Mazid Mian Resident of VillageAryanagar, P.S.- Balthar, Distt- West Champaran.

¶30

Patna High Court CR. MISC. No.47293 of 2022(2) dt.06-12-2022 2/4

¶31

AFTAB ALAM @ AFTAB MIAN S/o Fazir Mian @ Fajil Mian Resident of Village- Aryanagar, P.S.- Balthar, Distt- West Champaran.

¶32

... ... Petitioner/s

¶33

Versus

¶34

The State of Bihar Bihar

¶35

... ... Opposite Party/s

¶36

======================================================

¶37

with CRIMINAL MISCELLANEOUS No. 59349 of 2022

¶38

Arising Out of PS. Case No.-42 Year-2022 Thana- BALTHAR District- West Champaran

¶39

======================================================

¶40

PRAKASH GUPTA @PRAKASH BABU S/o Sanjay Kumar R/v- Balthar, P.S.- Balthar, District- West Champaran

¶41

... ... Petitioner/s

¶42

Versus

¶43

The State of Bihar Bihar

¶44

... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 47293 of 2022) For the Petitioner/s : Mr.Anant Kumar Mishra For the Opposite Party/s : Mr.A.G (In CRIMINAL MISCELLANEOUS No. 48407 of 2022) For the Petitioner/s : Mr.Brij Kishor Mishra For the Opposite Party/s : Mr.Pawan Kumar Chaurasia (In CRIMINAL MISCELLANEOUS No. 48463 of 2022) For the Petitioner/s : Mr.Bimlesh Kumar Pandey For the Opposite Party/s : Mr.Jitendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 59349 of 2022) For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

¶45

2 06-12-2022 Heard the parties.

¶46

Learned counsel for the petitioners is directed to remove

¶47

the defects within four weeks.

¶48

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 324, 325, 326, 332, 333, 307, 337, 338, 379, 380, 427,

¶49

Patna High Court CR. MISC. No.47293 of 2022(2) dt.06-12-2022 3/4

¶50

353, 447, 448, 452, 302, 395, 186, 188, 201, 504, 506, 120(B) of the Indian Penal Code and 27 of Arms Act and section 436 of IPC was added later on in this case vide order dated 23.03.2022.

¶51

Allegedly, all the FIR named accused persons including the petitioners and 100 unknown persons entered into the premises of police station and set the government vehicles on fire. They attacked the police vehicles and were raising slogans to kill the police officials. It is further alleged that they attacked the members of police party due to which some got seriously injured and one Havaldar was shot dead at the spot.

¶52

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted that similarly situated co-accused persons have been granted anticipatory bail by this Court vide order dated 29.11.2022, passed in Cr. Misc. No.42801 of 2022. Petitioner Prakash Gupta has two criminal antecedent and the rest of the petitioners have one criminal antecedent.

¶53

Learned APP for the State opposed the prayer for

¶54

Patna High Court CR. MISC. No.47293 of 2022(2) dt.06-12-2022 4/4

¶55

anticipatory bail.

¶56

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Balthar P.S. Case No.42 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

¶57

(Anjani Kumar Sharan, J)

¶58

shikha/-

¶59

U T

Prakash Gupta @Prakash Babu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Prakash Gupta @Prakash Babu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Alamgir Ansari Vs The State of Bihar

Anarba Devi Vs The State of Bihar

Ramshohaban Yadav Vs The State of Bihar

Deepak Kumar Vs The State of Bihar

Shahid Jawed @ Shahid Jabed Vs the State of Bihar

Baidya Nath Sah Vs The State of Bihar