Gopal Singh @ Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19430 of 2024 Arising Out of PS. Case No.-215 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== Gopal Singh @ Gopal Kumar S/o Late Bachchu Singh R/o vill - Gerua Pursanda, P.S. - Halsi, Distt. - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-04-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504 and 506/34 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that petitioner being elder brother-in-law of the informant has been falsely implicated in the instant case with general and omnibus allegation of assault. It is next submitted that the informant alleges that the accused persons started abusing the informant and when the informant opposed the petitioner along with other

Patna High Court CR. MISC. No.19430 of 2024(2) dt.08-04-2024 2/3 co-accused started assaulting the informant with bricks, stones and danda, causing injury on her head and even assaulted the daughter of the informant who sustained injury. It is next submitted that on account of dispute relating to property, the petitioner came to be implicated in the instant case falsely. It is next submitted that even injuries suffered by the injured is simple in nature.

4. The learned APP opposes the anticipatory bail application and submits that the injury report is not on record and from the order impugned it does not appear clearly that the injuries suffered by all the injured is simple in nature.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Lakhisarai in connection with Halsi P.S. Case No.215 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. However, it is made clear that the learned trial

Patna High Court CR. MISC. No.19430 of 2024(2) dt.08-04-2024 3/3 court before accepting the bail bonds of the petitioner would verify the injury report of the injured and, in the event if, it is found that any of the injured has suffered grievous injury, in that event, the present anticipatory bail order shall not be given effect.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T