Gopal Kumar @ Gopal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37180 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Gopal Kumar @ Gopal Kumar Singh S/O Ramawatar Singh @ Ramawtar Prasad R/O Mohalla- Shikshak Colony, Wazirganj, P.S- Wazirganj, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Kumar Singh For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2024 Heard learned counsel for the parties.

2.

Petitioner apprehends his arrest in connection with Wazirganj P.S. Case No.27/2023 registered for the offence punishable u/s 363 of the IPC.

3.

As per the prosecution case, the son of the informant went with his friends but he did not return to his home for two days and all his friends stated different versions regarding the whereabouts of her son.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioner is one of the friends of the son of the informant and he had returned to his house prior to the alleged date of occurrence. It is submitted that

Patna High Court CR. MISC. No.37180 of 2023(4) dt.29-01-2024 2/2 the deceased was over drunken and fell in the well at the time of running away from the place of quarrel. There is no specific allegation against the petitioner and he has one criminal antecedent as stated in para-3 of the bail application. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that petitioner in the investigation, it was found that her son had a fight with his friends, who, murdered him and thrown his body in the well, which was later on recovered.

6.

Having regard to the facts and circumstances of the case, considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned court below within a period of six weeks from today and seek regular bail and the learned Court below would pass order, preferably, on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T