Ram Pravesh Gop v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45046 of 2021 Arising Out of PS. Case No.-272 Year-2020 Thana- CHANDI District- Nalanda ====================================================== 1.

RAM PRAVESH GOP Son of Kamaldeo Gop Resident of Bhattanna, Bigha, P.S.- Chandi, District- Nalanda.

2.

Rajesh Gop Son of Kamaldeo Gop Resident of Bhattanna, Bigha, P.S.- Chandi, District- Nalanda.

3.

Karu Gop Son of Suresh Gop Resident of Bhadas Dih, P.S.- Nagarnausa, District- Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Shankar Prasad Yadav For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2022 Heard learned counsel for the petitioners and the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Chandi P.S. Case No. 272 of 2020 registered for the offence under Sections 341, 323, 353, 307/34 of the Indian Penal Code and 27 of the Arms Act.

Allegedly, the accused persons having armed were working in the paddy field. On information, while the informant

Patna High Court CR. MISC. No.45046 of 2021(3) dt.25-02-2022 2/3 along with armed forced reached at the place of occurrence, the accused persons started fleeing away. On person fell down and he was caught who named other accused persons. It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case.

Case diary was called for. A report has been submitted along with the case diary stating that none is said to have sustained injuries in course of the occurrence. Hence, no offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by the Magistrate. The report submitted by the court below be kept on record.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in

Patna High Court CR. MISC. No.45046 of 2021(3) dt.25-02-2022 3/3 connection with Chandi P.S. Case No. 272 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T