Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5876 of 2016 Arising Out of PS.Case No. -109 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Gopal Kumar, Son of Munna Singh, Resident of Village- Bhaikhar, P.S.- Muffasil, District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Brajesh Kumar Singh For the Opposite Party/s : Mr. Dr.Kr.Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in connection with Begusarai Muffasil P.S. Case No. 109 of 2015 registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, Raghav Kumar and his two associates surrounded Aman Kumar, the son of the informant Raghav Kumar shot Aman Kumar on his head and further his associates also opened fire resulting he fell down and died. Submission is of false implication and that the petitioner is in custody since 20.12.2015 but he has not been put on T.I.P. Except confessional statement of co-accused Raghav Kumar, there is no other material against the petitioner. Similarly

Patna High Court Cr.Misc. No.5876 of 2016 (5) dt.16-05-2016 2/2 situated co-accused has already been allowed pre-arrest bail vide Criminal Misc. No. 14151 of 2016 and, as such, the petitioner also deserves sympathetic consideration. Chargesheet has already been submitted and there is no chance of tampering with prosecution evidence.

The learned APP fairly submits that co-accused Varun Singh has already been allowed pre-arrest bail by another co-ordinate bench of this Court.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil P.S. Case No. 109 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Mishra/- U T