Gopal Singh @ Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16911 of 2023 Arising Out of PS. Case No.-187 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== GOPAL SINGH @ GOPAL KUMAR, Son of Lalan Singh, Village- Jagatpura PSMotihani Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate Smt. Divya Bharti, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Barauni P.S. Case No. 187 of 2022 dated 27.04.2022 registered for the offences punishable u/ss 147, 148, 149, 504 and 307 of the Indian Penal Code and u/s 27 of the Arms Act.

As per the prosecution case, the petitioner and the co-accused persons along with eight unknown miscreants boarded on five motorcycles came at the house of the informant and they abused the informant's son and started firing

Patna High Court CR. MISC. No.16911 of 2023(2) dt.11-05-2023 2/3 indiscriminately. On seeing the police, all the accused persons fled away. It is further alleged that the empty cartridge was also recovered from the place of occurrence.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. He has further submitted that there is nothing against the petitioner except the criminal antecedents. No one sustained injury of fire arms. The petitioner is accused in 11 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 24.01.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Barauni P.S. Case No. 187 of 2022 with the following condition :-

1. The petitioner is directed to remain physically present

Patna High Court CR. MISC. No.16911 of 2023(2) dt.11-05-2023 3/3 before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds is liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T