Patna High CourtCR. MISC./37457/2018rejected

Pramod Gope v. The State Of Bihar

2018-07-19Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37457 of 2018 Arising Out of PS.Case No. -93 Year- 2018 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Pramod Gope, Son of Siya Gope, resident of Village- Nimtal, Maghara, P.S. Deep Nagar, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Ajay Kr.Singh For the Opposite Party/s : Mr.U.Mishra.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-07-2018 Heard.

The petitioner seeks bail in Deepnagar P.S.Case No.93 of 2018 instituted for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation as per the F.I.R. is that this petitioner along with two other co-accused intercepted the father of the informant and committed his murder by fire arms.

It has been submitted that the informant is not eye witness to the occurrence. He came to the place of occurrence after hearing the sound of firing. The petitioner and the co-accuseds are full brothers and due to enmity, the petitioner has been falsely implicated in this case only on suspicion. He is in custody since 22.03.2018.

Learned A.P.P. opposed the submissions.

It appears that this petitioner is named in the F.I.R. and specific allegation against the petitioner is that he along with one co-accused caught

Patna High Court Cr.Misc. No.37457 of 2018 (3) dt.19-07-2018 2/2 hold of the deceased and another co-accused opened fire upon the father of the informant. The informant and other witnesses reached immediately at the spot and saw this petitioner and co-accuseds fleeing from the P.O. The injured disclosed the name of this petitioner also to the witnesses. Besides that the petitioner is involved in three more cases. In the facts and circumstances of the case, prayer for bail of the petitioner is rejected.

(Sanjay Kumar, J) AnilKrSinha/- U