Vipi Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69857 of 2018 Arising Out of PS. Case No.-9 Year-2018 Thana- KARAI PARSURAI District- Nalanda ====================================================== Vipi Gope Son of Rama Gope Resident of Village-Sarhjiyapar,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. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Karai Parsurai P.S. Case No. 9 of 2018 for the offenses punishable under Sections 147, 148, 149, 302, 427 and 435 of the Indian Penal Code and Section 27 of the Arms Act. The allegation in the present case is that the accused persons including the petitioner herein had come to the field of the informant and thereafter altercation had taken place resulting in all the accused persons having assaulted the father of the informant resulting in his death during the course of the treatment.

The learned counsel for the petitioner submits that the allegation regarding having assaulted the deceased is on four coaccused persons, namely, Deepu Gope, Mukesh Gope, Bipin

Patna High Court Cr.Misc. No.69857 of 2018(2) dt.11-12-2018 2/2 Gope and Sonu Gope. However, the petitioner is not one of them and in fact his name also does not find place in the name of the eight named accused persons. It is submitted that the petitoner is one of those who has been stated in the FIR to be unknown persons. The learned counsel for the petitoiner submits that one of the named accused persons namely Bhutali Gope has been granted bail by this Court by an order dated 24.07.2018 passed in Criminal Misc. No. 36222 of 2018. Lastly, it is stated that the petitioner is having a clean antecedent and is languishing in custody since 24.08.2018.

Having regard to the facts and circumstances of the case, more particularly the fact that the petitioner is one of those accused persons who have assaulted the father of the informant by iron rod and stick, I deem it fit and proper to enlarge the petitioner, above named, on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Karai Parsurai P.S. Case No. 9 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T