Anuj Gop v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10529 of 2019 Arising Out of PS. Case No.-79 Year-2018 Thana- NAGARNAUSA District- Nalanda ====================================================== Anuj Gop S/o Arjun Gop R/o Village- Sadahu Bigha, P.S.- Nagarnausa, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binit Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under Section 147, 148, 149, 447, 337, 341, 323, 302, 504 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that a dispute arose between the informant and accused persons and in consequence thereof, one Shyam Gope fired from his pistol which hit in the left leg of informant's Bhabhi. It is further alleged that the petitioner fired upon the son of informant who received fire arms injury on his neck and in course of treatment, the informant's son died.

It has been submitted on behalf of the petitioner that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.10529 of 2019(4) dt.30-04-2019 2/2 petitioner. The petitioner is in custody since 27-07-2018. Charge sheet in this case has already been submitted. The petitioner has been falsely implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case. Due to petty reasons, the alleged occurrence is alleged to have taken place.

On behalf of the State and the informant, it is submitted that the petitioner is named in the FIR. He is the assailant. The allegation against the petitioner is of firing upon the deceased which led to his death.

Considering the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Nagarnausa P.S. Case No. 79 of 2018 is rejected.

The trial court is directed to take all necessary steps to expedite the trial and conclude the same as early as possible, preferably within a period of one year from the date of receipt/production of copy of this order.

(Sudhir Singh, J) A.K.V.//- U T