Suresh Gope @ Suresa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No. 17740 of 2020 Arising Out of PS. Case No.-151 Year-2019 Thana- NOORSARAI District- Nalanda ====================================================== SURESH GOPE @ SURESA Son of Harinandan Gope Resident of VillageLakhichak, P.S.- Noorsarai, District- Nalanda. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogesh Chandra Verma, Sr.Adv For the Opposite Party/s :

Mr.Pancha Nand Pandit,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-06-2020 This application has been placed for consideration by the order of the Hon'ble the Chief Justice through virtual court proceeding.

Heard learned Senior Counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Noorsarai P.S. Case No. 151 of 2019 registerd for the offence punishable under Sections 147, 148, 149, 341, 302, 427, 504 of the Indian Penal Code and 27 of the Arms Act.

Although on behalf of the petitioner Mr. Yogesh Chandra Verma, learned Senior Counsel has given much emphasis on his submission that by firing only one shot the

Patna High Court CR. MISC. No. 17740 of 2020(2) dt.03-06-2020 2/2 petitioner cannot been said to have any intention to kill the deceased, learned Senior Counsel has at the same time understood that the FIR contains specific allegation against the petitioner and there is a direct allegation that he had shot at the deceased while other co-accused had caught hold of him. The shot fired by this petitioner on the vital part of the body proved fatal and he died.

In the nature of the allegations and the facts appearing from the records, I am not inclined to grant privilege of regular bail to the petitioner.

Let the trial court expedite the trial. Prosecution should cooperate in course of trial.

The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/Arvind U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.