Sanjit Gope @ Tempu Gope @ Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35087 of 2024 Arising Out of PS. Case No.-117 Year-2023 Thana- SAHJAHANPUR District- Patna ====================================================== Sanjit Gope @ Tempu Gope @ Sanjeet Kumar, Son Of Bijay Gope @ Bijay Kumar @ Gariban Gope, resident of Village - Jhardha Par, P.S.- Karai Parsurai, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhukar Anand, Advocate For the Opposite Party/s :

Ms.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, in the present case, is seeking prearrest bail in connection with Shahjahanpur P.S. Case No.117 of 2023 registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 326, 307, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner has got no criminal antecedent.

3. As per the prosecution story, the allegation against the petitioner is that he along with other accused persons assaulted the wife of the informant and after breaking the box kept in the house took away two golden chain, silver payal and Rs.10,000/- in cash.

Patna High Court CR. MISC. No.35087 of 2024(2) dt.03-06-2024 2/3

4. Learned counsel for the petitioner submits that the specific allegation of firing is against co-accused Medhu Gope, there is no allegation of commission of any overt act against this petitioner and the petitioner has got no criminal antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the submission that the specific allegation of firing is against co-accused Medhu Gope and there is no allegation of commission of any overt act against this petitioner and further that the petitioner has got no criminal antecedent, this Court directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Patna City in connection with Shahjahanpur P.S. Case No. 117 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for

Patna High Court CR. MISC. No.35087 of 2024(2) dt.03-06-2024 3/3 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T