Patna High CourtCR. MISC./27721/2020bail granted

Gorakh Roy v. The State Of Bihar

2020-11-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27721 of 2020 Arising Out of PS. Case No.-97 Year-2020 Thana- GOPALPUR District- Patna ====================================================== GORAKH ROY S/o Late Baldeo Roy R/o Village- Sirpatpur, P.O.- Bairiya, P.S.- Gopalpur, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vagisha Pragya Vacaknavi, Advocate.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-11-2020 This matter has been taken up in virtual court. Let the defects be removed within 15 days of the start of the physical Court.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Son of the petitioner is assailant of the brother of the informant.

Submission is that the petitioner and his daughter have been falsely implicated alleging therein that they had caught hold on the deceased at the time of firing by the son of this petitioner. Evidently, allegation is ornamental one. Considering the facts aforesaid, let the petitioner,

Patna High Court CR. MISC. No.27721 of 2020(2) dt.24-11-2020 2/2 above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Gopalpur P.S. Case No. 97 of 2020, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T