Gopal Kumar @ Gopal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8138 of 2025 Arising Out of PS. Case No.-183 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Gopal Kumar @ Gopal, S/o Anil Kumar @ Anil Poddar R/o vill - Hiratol, ward no. 1, P.S.- Sahebpur Kamal, Distt.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Kumar, Advocate For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Sahebpur Kamal P.S. Case No. 183 of 2021 dated 29.07.2021 instituted for the offence punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code in which Section 302 of the Indian Penal Code has been added subsequently.
3. Allegation against the petitioner is that he along with one Pramila Devi repeatedly assaulted on the head of the wife of the informant with Khanti and Lathi due to which the blood started oozing. The wife of the informant died in course of treatment.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that allegation against the petitioner is general and omnibus. The wife of the
Patna High Court CR. MISC. No.8138 of 2025(3) dt.13-05-2025 2/2 informant died on 03.08.2024 i.e. after five days of incident. During investigation, the fardbyan of the deceased was recorded by the A.S.I. of Town P.S. on 29.07.2021 which is mentioned in paragraph 20 of the case diary wherein she stated that one Sintu had assaulted on her head by brick. Learned counsel for the petitioner further submits that similarly situated co-accused, namely, Pramila Devi has been granted bail vide order dated 03.08.2023 passed by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 45812 of 2024. Lastly, it has been submitted that the petitioner is in custody since 22.12.2024 having no criminal antecedents. Charge-sheet has been submitted in the case.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Begusarai in connection with Sahebpur Kamal P.S. Case No. 183 of 2021. (Khatim Reza, J) premchand/- U T