Anil Gope @ Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27535 of 2015 Arising Out of PS.Case No. -76 Year- 2014 Thana -KHUSRUPUR District- PATNA ======================================================

1. Anil Gope @ Anil Yadav Son of Late Vijendra Yadav Resident of Baikathpur, P.s Khusrupur, district Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Chandra Jha For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 302, 379/34 of the Indian Penal Code and Section 3(2)(v) SC/ST Act.

The informant has alleged that on 3.6.2014 he along with his son, Golu Kumar and his friend, Chhotu Kumar came out from house in order to have bath at Baikatpur Ghat of Ganga. They reached near Baikatpur Devi Asthan. There the petitioner along with other co-accused caught hold of his son and friend of the son of the informant and got them boarded in a tempo of Mantoo Gope by using force and proceeded towards Tata Factory .The informant also ran after them. He saw the

Patna High Court Cr.Misc. No.27535 of 2015 (2) dt.31-07-2015 2/2 accused persons assaulted them with iron rod with an intention to kill them. After assaulting them, they threw both of them in the bush and they died in course of treatment.

It is submitted on behalf of the petitioner that it is a case and counter case. The petitioner is in custody since 4.6.2014. Charge sheet has been submitted in this case. The petitioner has got no criminal antecedent. No specific allegation of assault is against this petitioner. It is further submitted that other co-accused has been granted bail vide Annexure 3.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the facts aforesaid, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City in Khusrupur P.S.Case No. 76 of 2014.

(Sudhir Singh, J) singh/- U T