Suraj Gope v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9341 of 2022 Arising Out of PS. Case No.-347 Year-2020 Thana- FATUA District- Patna ====================================================== Suraj Gope Son of Vinod Gope Resident of Village- Sukulpur, P.S.- Didarganj, District- Patna. At present Village- Chak Sultanpur, P.S.- Fathua, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suresh Singh For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks bail in connection with Fatuha P.S. Case No. 347 of 2020 registered for the offence under Sections 341, 323, 307, 385, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
The accused/petitioner is named in the F.I.R. and is in custody since 28.08.2021.
The allegation against the petitioner is to assault the brother of the informant with lathi alongwith other co-accused persons with intention to kill.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.9341 of 2022(2) dt.09-06-2022 2/3 submitted that allegation of assault is very much general and omnibus as it is appearing from the bare perusal of the F.I.R. itself. It has also been pointed out that though the nature of injury is grievous but the said is not on the vital part of the body and the nature of weapon is also not suggesting that petitioner was under intention to kill as alleged.
Learned APP appearing on behalf of the State while opposing the prayer for bail fairly conceded that the nature of allegation, as regard to assault, is very much general and omnibus.
Considering the facts and circumstances as mentioned above, as the allegation of assault is very much general and omnibus in nature coupled with the fact that grievous injury is not on the vital part of the body which negate the intention to kill, let the petitioner, above named, is directed to be released on bail in connection with Fatuha P.S. Case No. 347 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Patna City, subject to the following conditions:
"(i) Accused/Petitioner shall cooperate in the trial and shall be properly
Patna High Court CR. MISC. No.9341 of 2022(2) dt.09-06-2022 3/3 represented on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground duly supported by the documents.
(ii) That one of the bailors shall be the close relative of the accused/ petitioner like mother/father/sister/brother."
(Chandra Shekhar Jha, J) Ankit/- U T