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Patna High CourtCR. MISC./54240/2018allowed

Rajesh Gope @ Kotak v. The State Of Bihar

2018-09-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54240 of 2018 Arising Out of PS.Case No. -282 Year- 2017 Thana -ALAMGANJ District- PATNA ====================================================== Rajesh Gope @ Kotak S/o Late Haidar Gope, R/o Vill.- Belwarganj, Paschim Darwaza, Near Majar, P.S.- Alamganj, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Bansh Dubey, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and State. The petitioner is custody in connection with Alamganj P.S. case no. 282 of 2017 for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that certain persons have been named as assailant in the F.I.R., out of which Shyambabu Gope @ Shyam Babu Yadav and Lal Babu Gope have been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 3421 of 2018 dated 17.02.2018 and Cr. Misc. No. 7851 of 2018 dated 17.02.2018. Learned counsel with reference to the F.I.R. submits that there is no specific overt act against the petitioner and there is general and omnibus allegation. The petitioner is in custody since 05.07.2018.

Patna High Court Cr.Misc. No.54240 of 2018 (2) dt.20-09-2018 2/2 Considering the fact that similarly circumstanced other co-accused have been granted bail, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City, Patna in connection with Alamganj P.S. case no. 282 of 2017.

(Anil Kumar Upadhyay, J) Uday/- U T