Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24839 of 2021 Arising Out of PS. Case No.-228 Year-2020 Thana- BARH District- Patna ====================================================== GOPAL KUMAR S/o Late Raghubansh Prasad R/o village- Rawaich, P.S.- Bakhtiarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-12-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard the parties in virtual Court.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 307,302,504,34 of the Indian Penal Code and Section 27 of the Arms Act.

The FIR of the occurrence of murder is against unknown. Only material against the petitioner is confessional statement before the police while in police custody and that is the material on the basis whereof learned court below has refused the prayer for anticipatory bail. Petitioner has got no criminal antecedent.

Since there is no direct admissible evidence against the petitioner on the record, let the petitioner, above named, in

Patna High Court CR. MISC. No.24839 of 2021(2) dt.03-12-2021 2/2 the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Barh P.S.Case No.228 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the learned Trial Court.

(Birendra Kumar, J) Nitesh/- U T