Devendra Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35111 of 2018 Arising Out of PS. Case No.-9 Year-2018 Thana- KARAI PARSARAI District- Nalanda ====================================================== Devendra Gope, son of Govind Gope, resident of vilalge- Pakaridih, P.S.- Karai Parsurai, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Sri Ramchandra Sahani For the Information :

Mr. Birendra Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-06-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with S.Tr. No. 234 of 2018 arising out of Karai Parsurai P.S.Case No. 9 of 2018 registered under Sections 147, 148, 149, 302, 427 and 435 of the Indian penal Code and Section 27 of the Arms Act.

Allegation in brief is that accused persons turned up and it is alleged that petitioner along with some other co-accused was stopping the villagers to come at the place of occurrence and Dipu Gope, Mukesh Gope, Bipin Gope and Sonu were assaulting the informant's father causing his death and later on they burnt the paddy crops .

Submission is that there is no allegation against the petitioner of assaulting the deceased or anyone and has been

Patna High Court Cr.Misc. No.35111 of 2018(2) dt.19-06-2018 2/2 falsely implicated due to land dispute between both sides and only allegation against the petitioner is of restraining the villagers to come at the place of occurrence to rescue the victim, moreover, petitioner has no criminal antecedent. Whereas learned counsel for the informant submits that petitioner also participated in the crime and stopped the villagers to rescue informant's father.

Having considered the aforesaid facts and circumstances, as there is no accusation against the petitioner of assaulting the deceased, petitioner, namely , Devendra Gope, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 3rd Addl. Sessions Judge, Hilsa, Nalanda in connection with S.Tr. No. 234 of 2018 arising out of Karai Parsurai P.S. Case No. 09 of 2018.

(Arun Kumar, J) sujit/- U T