Gopal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14797 of 2024 Arising Out of PS. Case No.-681 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Gopal Singh Son of Balram Singh R/o Village- Aure (Aurey), P.S.- Lakhisarai (Ramgarh Chowk), Dist.- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 15343 of 2024 Arising Out of PS. Case No.-681 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
Tripurari Singh S/o- Yadunandan Singh Village- Aure Ps- Ramgarh Chowk Dist- Lakhisarai 2.
Arvind Singh son of Yadunandan Singh Village- Aure Ps- Ramgarh Chowk Dist- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 14797 of 2024) For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Binod Kumar (In CRIMINAL MISCELLANEOUS No. 15343 of 2024) For the Petitioner/s :
Mr.Mayank Bilochan For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-05-2024 Cr. Misc. No. 14797 of 2024 Heard the learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in a case registered for the offence under Sections 147, 148, 149, 307,
2/4 325, 354, 504 of the Indian Penal Code and later on Sections 302, 34 was added.
3. As per the prosecution case, altogether fifteen persons are said to have assaulted the victim on 04.09.2023. The victim died on 13.09.2023 in a hospital in Patna in course of treatment.
4. Learned counsel for the petitioner submits that petitioner is innocent and he is in custody since 07.09.2023. He further submits that prosecution story is not supported by the post-mortem report and it appears that though the occurrence has taken place but the victim may have been killed by someone but the persons inimical to the victim have been made accused in this case.
5. Learned counsel for the informant has opposed the prayer for bail and has submitted that out of six charge sheeted witnesses, two witnesses have been examined and the trial may be over very soon.
6. Considering the fact that 15 persons are accused of assaulting the victim who has sustained only three injuries, this application for regular bail is allowed.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with
3/4 two sureties of the like amount each to the satisfaction of the learned C.J.M., Lakhisarai/concerned Court below in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 681 of 2023 subject to condition that:- 7(i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on absence even on one date without sufficient reason, the bail bond shall be cancelled by the Court below. Cr. Misc. No. 15343 of 2024 Heard the learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek regular bail in a case registered for the offence under Sections 147, 148, 149, 307, 325, 354, 504 of the Indian Penal Code and later on Sections 302, 34 was added.
3. As per the prosecution case, altogether fifteen persons are said to have assaulted the victim on 04.09.2023. The victim died on 13.09.2023 in a hospital in Patna in course of treatment.
4. Learned counsel for the petitioners submits that petitioners are innocent and they are in custody since 07.09.2023.
4/4
5. Learned counsel for the informant has opposed the prayer for bail and has submitted that out of six charge sheeted witnesses, two witnesses have been examined and the trial may be over very soon.
6. Considering the fact that 15 persons are accused of assaulting the victim who has sustained only three injuries, this application for regular bail is allowed.
7. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-III, Lakhisarai/concerned Court below in connection with Sessions Trial No. 32/24 arising out of Lakhisarai (Ramgarh Chowk) P.S. Case No. 681 of 2023 subject to condition that:- 7(i) The petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and on absence even on one date without sufficient reason, the bail bond shall be cancelled by the Court below.
(Sandeep Kumar, J) Shishir/- U T