Ramesh Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17126 of 2022 Arising Out of PS. Case No.-884 Year-2019 Thana- ALAMGANJ District- Patna ====================================================== Ramesh Gope, S/o Parmeshwer Gope, R/o Mohalla-Bari Patandevi Colony, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No.323 of 2020 arising out of Alamganj P.S. Case No.884 of 2019 registered for the offence punishable under Sections 341, 326, 307, 354, 504 and 506 of the Indian Penal Code. The petitioner had earlier approached this Court for grant of bail also in Cr.Misc. No.18233 of 2020. This Court had rejected the prayer having regard to direct allegation of inflicting stab wound against the petitioner. Thereafter, his application, bearing Cr.Misc. No.20517 of 2021, was disposed of with liberty to the petitioner to renew his prayer before the court below.

Counsel for the petitioner submits that the stab

Patna High Court CR. MISC. No.17126 of 2022(8) dt.17-08-2022 2/3 injuries sustained by the two victims allegedly attributed to the petitioner have been found simple in nature. The petitioner is in custody since 22.11.2019 and has clean antecedents. This Court had earlier called for a report from the trial court. The report dated 12.05.2022 indicates that not a single witness has been examined at the trial till date. Having regard to the report regarding the stage of trial, the period of custody and the nature of injuries attributed to the petitioner, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I, Patna City, in connection Sessions Trial No.323 of 2020 arising out of Alamganj P.S. Case No.884 of 2019, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the

Patna High Court CR. MISC. No.17126 of 2022(8) dt.17-08-2022 3/3 petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T