Bhosu Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16287 of 2016 Arising Out of PS.Case No. -620 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Bhosu Gope Son of Uti Chand Gope, R/o Mohalla- Gaura Garh, P.S.- Bihar, District- Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 342, 307, 386, 504 and 506 of the I.P.C and section 27 of the Arms Act. The petitioner along with others are named in the First Information Report but there is specific allegation against Sanjay Gope who has fired upon the informant causing injury in his right thigh and against the petitioner and others there is no specific allegation.

Submission is of false implication due to enmity, during investigation the witnesses have stated otherwise, similarly

Patna High Court Cr.Misc. No.16287 of 2016 (3) dt.18-05-2016 2/2 situated co-accused Nepi Kumar has already been allowed bail vide Cr. Misc. No. 14441 of 2016 and the petitioner is suffering in custody since 16.01.2016.

The learned A.P.P. submits that the petitioner has got criminal antecedent.

In the facts and circumstances as stated above, considering that similarly situated co-accused has been allowed bail by another coordinate Bench of this Court vide Cr. Misc. No. 14441 of 2016 and as such the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Nalanda at Biharsharif in Bihar P.S. Case No. 620 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T