Pappu Gope v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69753 of 2018 Arising Out of PS. Case No.-9 Year-2018 Thana- KARAI PARSURAI District- Nalanda ====================================================== Pappu Gope Son of Rama Gope Resident of Village-Sarhajiyapar,Police Station-Hilsa,Distt.-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. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard the parties.
The petitioner seeks bail in Karai Parsurai P.S. Case No.09 of 2018 registered under Sections 147, 148, 149, 302, 427, 435 of the I.P.C. and Section 27 of the Arms Act. The informant has alleged in his written complaint that the F.I.R. named persons had assaulted his father in which he has named ten persons and ten unknown persons as accused who assaulted his father by means of lathi and danda. It has been submitted on behalf of the learned counsel for the petitioner that allegation of assault is against Mukesh Gope. There is no allegation of any overt act against the petitioner who has not been named in the F.I.R.. He is in custody since 28.07.2018 having no criminal antecedent. Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.69753 of 2018(2) dt.06-12-2018 2/2 as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Hilsa, Nalanda, in Karai Parsurai P.S.Case No.09/18 subject to the conditions that (i) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned. (ii) petitioner/s shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below. (iii) if the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner/s.
(S. Kumar, J) aks/- U