Ajit Gupta Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Ajit Gupta Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: on arrest or surrender before the Court below within six weeks, the petitioner to be released on bail on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Chapra or Successor Court, Chapra, in connection with Chapra Town P.S. Case No.560/2024, subject to the conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Chapra Town P.S. Case No. 560 of 2024 under Sections 126(2), 115(2), 117(2), 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita, should be released on anticipatory bail.

Court's answer

In the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each.

Ratio / Principle

The bail is to the satisfaction of the learned Chief Judicial Magistrate, Chapra or Successor Court, Chapra in connection with Chapra Town P.S. Case No.560/2024, and is subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail - Petitioner apprehending arrest in Chapra Town P.S. Case No. 560 of 2024 (District Saran), instituted under Sections 126(2), 115(2), 117(2), 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita, for the alleged assault on the informant while constructing the wall of the Thakur Jee temple, with the dabiya blow to the head specifically attributed to co-accused Jitendra Gupta and Rajesh Gupta. Defence contended false implication due to land dispute, existence of a case and counter case, general and omnibus allegations against the petitioner, absence of criminal antecedents, and an undertaking to cooperate. Considering facts, circumstances and submissions, the Court directed that in the event of arrest or surrender before the Court below within six weeks the petitioner be released on bail on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Chapra or Successor Court, subject to the conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21677 of 2025

Arising Out of PS. Case No.-560 Year-2024 Thana- CHAPRA TOWN District- Saran

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

Ajit Gupta Son of Late Raju Gupta R/O Mohalla - Bada Telpa, P.S.- Chapra Town, District - Saran, Bihar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Mirityunjay Kumar For the Opposite Party/s : Mr.Ramchandra Sahni ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 29-04-2025 1. Heard learned counsel for the petitioner

and learned A.P.P. for the State.

The petitioner apprehends his arrest in

connection with Chapra Town P.S. Case No. 560 of 2024 instituted under Sections 126(2), 115(2), 117(2), 109, 352, 3(5) of the Bharatiya Nyaya Sanhita.

As per prosecution case, when the informant was constructing the wall of the Thakur Jee temple then all the accused persons including the petitioner came there and assaulted the informant and when his uncle namely Sanjay Gupta came to his rescue then, it is alleged that the co-accused namely Jitendra Gupta and Rajesh Gupta assaulted the informant with a

Patna High Court CR. MISC. No.21677 of 2025(2) dt.29-04-2025 2/3

dabiya blow on his head causing injury to him.

Learned counsel for the petitioner submits

that the petitioner is innocent and has falsely been implicated in this case due to land dispute between the parties. Learned counsel further submits that there is case and counter case between the parties. The allegations levelled against the petitioner are general and omnibus in nature. The allegation of assault is particularly against one Jitendra Gupta and one Rajesh Gupta who by means of d abiya blow injured the informant. It is lastly submitted that the petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the trial.

Learned A.P.P. for the State opposes the

prayer for anticipatory bail.

Considering 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 petitioner be released on bail on furnishing bail bond of Rs.10,000/(ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.21677 of 2025(2) dt.29-04-2025 3/3

to the satisfaction of learned Chief Judicial Magistrate, Chapra or Successor Court, Chapra in connection with Chapra Town P.S. Case No.560/2024, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J)

tusharika/-

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