Uday Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25342 of 2021 Arising Out of PS. Case No.-223 Year-2019 Thana- HILSA District- Nalanda ====================================================== UDAY GOPE SON OF LATE SIDHESHWAR GOPE R/O VILLAGEGOSAI MATH, P.S.- HILSA, DIST.- NALANDA ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-09-2021 Heard the parties in virtual court proceeding. Let the defect(s) be removed within four weeks of start of the physical court.

The petitioner is languishing in custody for the offences punishable under Sections 302, 120(B)/34 of the I.P.C. and Section 27 of the Arms Act.

Co-accused Amar Kumar @ Binay Kumar allegedly caused firearm injury and death of the husband of the informant. Three persons started fleeing from a motorcycle. One of the three was this petitioner.

Since no overt-act is alleged against the petitioner, who is in custody since 05.01.2021 and petitioner has stated on oath that he has got no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.25342 of 2021(2) dt.15-09-2021 2/2 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Hilsa P.S. Case No. 223 of 2019, with 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 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 trial Court.

(Birendra Kumar, J) shahzad/- U T