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2025 DAILYLAW 98746 (PAT)

Radheshyam Gupta v. The State of Bihar

CR. MISC./24753/2025 · 2025-05-05

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24753 of 2025 Arising Out of PS. Case No.-331 Year-2024 Thana- GUTHANI District- Siwan ====================================================== 1. Radheshyam Gupta S/O Uma Shankar Gupta R/O Vill.- Sohagara, P.S.- Guthani, Dist.- Siwan 2. Subhawati Devi W/O Uma Shankar Gupta R/O Vill.- Sohagara, P.S.- Guthani, Dist.- Siwan 3. Jyoti Kumari D/O Uma Shankar Gupta R/O Vill.- Sohagara, P.S.- Guthani, Dist.- Siwan 4. Priyanka Devi @ Priyanka Gupta D/O Uma Shankar Gupta R/O Vill.- Sohagara, P.S.- Guthani, Dist.- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 05-05-2025 Learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application with regard to petitioner Nos. 2 and 3 as they have been arrested during pendency of the case. 2. Permission is granted. 3. This anticipatory bail application with regard to above named petitioner Nos. 2 and 3 is, accordingly, dismissed as withdrawn. 4. Heard learned counsel for the petitioners and the State. Patna High Court CR. MISC. No.24753 of 2025(2) dt.05-05-2025 2/3 5. Petitioner Nos. 1 & 4 apprehend arrest in a case registered for the offences punishable under Sections 126(2), 109(1), 115(2), 3(5) of the Bharatiya Nyaya Sanhita. 6. As per prosecution case, petitioner No. 1 assaulted on the head of informant by means of iron rod. 7. Learned counsel appearing for the petitioners submits that petitioner No. 1 is own brother and petitioner No. 4 is unmarried sister of the informant and due to petty dispute, an altercation took place between the parties. Allegation against petitioner No. 4 is general and omnibus. Petitioners claim clean antecedent. 8. Learned counsel for the State opposed the bail application and submits that petitioner No. 1 assaulted informant with iron rod and doctor has found grievous injury. 9. In view of the fact that petitioner No. 1 caused grievous injury, prayer for anticipatory bail of petitioner No. 1 is refused. 10. However, considering the nature of accusation and clean antecedent, the anticipatory bail with regard to petitioner No. 4 is allowed and it is ordered that the above named petitioner No. 4 in the event of her arrest/surrender before the court below within a period of eight weeks from Patna High Court CR. MISC. No.24753 of 2025(2) dt.05-05-2025 3/3 today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Siwan in connection with Guthani P. S. Case No. 331 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T