Gopal Krishnan @ Gopal Krishna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19217 of 2015 Arising Out of PS.Case No. -10 Year- 2015 Thana -SC/ST District- ARRARIA ======================================================

1. Gopal Krishnan @ Gopal Krishna son of Sri Ram Charan Prasad, Resident of Purnea, P.S.- Purnea, District- Purnea, At present Block Development Officer (B.D.O.), Forbesganj, District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Verma For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-09-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 323, 341,504,506, 420 of the Indian Penal Code and Sections 3(i)(ii) and 3(i)(x) 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the petitioner submits that wild allegation has been made against the petitioner that he attacked the informant and abused him by his caste name when he had gone to protest against the informant's act of not issuing Indira Awas Yogana to the recipients though he had taken money from them. Learned counsel for the petitioner submits that the present case is out and out a false case and the allegations of the informant

Patna High Court Cr.Misc. No.19217 of 2015 (3) dt.22-09-2015 P2/2 are purely farfetched and it has not been stated that at which place the occurrence took place. He has neither named the witnesses in whose presence the occurrence had happened.

Considering the fact and circumstances of the present case and that there is no cogent material to establish that the present occurrence, in fact, occurred in a public place and in public view, let the petitioner, in the event of his arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with S.C./S.T. P.S. Case No. 10/2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T