Patna High CourtCR. MISC./28480/2020rejected

Sudama Gope v. The State Of Bihar

2021-07-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28480 of 2020 Arising Out of PS. Case No.-111 Year-2019 Thana- NAGARNAUSA District- Nalanda ====================================================== SUDAMA GOPE Son of Kailash Gope Resident of Village- Sadda Bigha, P.S.- Nagarnausa, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr. Birendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2021 Heard learned counsel for the petitioner and the State.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 147, 148, 149, 302, 307 of the Indian Penal Code.

As per the prosecution case this petitioner along with other accused persons are said to have shot dead the deceased, uncle of the informant.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case due to land dispute between the parties. It is further submitted that there is no other material to substantiate the allegation made against the petitioner. Petitioner is in custody since 16.12.2019.

Patna High Court CR. MISC. No.28480 of 2020(10) dt.26-07-2021 2/2 Learned counsel appearing for the State and informant opposes the prayer for bail and submits that petitioner is one of the assailants of the deceased and there is direct allegation against the petitioner that he along with others fired causing the death of the deceased.

Considering the facts of the case and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. Since the petitioner is in custody since 16.12.2019, the trial court is directed to conclude the trial as soon as possible.

(Prabhat Kumar Singh, J) BKS/- U T