Subhash Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24513 of 2016 Arising Out of PS.Case No. -317 Year- 2015 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================

1. Subhash Gope Son of Devnaraya Gope, Resident of Village- Beldhana, P.S.- Chandi, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Ashok Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-07-2016 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner and other F.I.R named accused are said to have assaulted the informant and others, as a result of which the informant and one Manoj Yadav sustained injuries whereas Suresh Yadav died in course of treatment.

Submission on behalf of the petitioner is that there is omnibus and general allegation of assault against the petitioner but in course of investigation, when the statements of the witnesses Vinod Yadav and Babloo Yadav were recorded at Para 56 and 57 of the case diary, the aforesaid witnesses specifically stated that it

Patna High Court Cr.Misc. No.24513 of 2016 (3) dt.15-07-2016 2/2 was co-accused Dev Narayan Gope, who gave fatal blow to the deceased.

Admittedly, there are two injured in this case but both the aforesaid injured did not mention this fact who gave fatal blow to the deceased. One co-accused Surendra Gope has already been granted privilege of bail whereas prayer for bail of the co-acccused Dev Narayan Gope has already been rejected by a co-ordinate Bench of this Court. The present occurrence has taken place on account of previous enmity.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Hilsa, Nalanda in connection with Session trial no. 92 of 2016, arising out of Chandi P.S.Case No. 317 of 2015. (Hemant Kumar Srivastava, J) N.K/- U T