Raju Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34212 of 2019 Arising Out of PS. Case No.-95 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== RAJU GOPE Son of Late Ram Dayal Gope Resident of Mohalla - Balwarganj, P.S.- Alamganj, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Bansh Dubey For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Alamganj P. S. Case No. 95 of 2018 instituted for the offence under Section(s) 302,120B/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for petitioner submits that there is no any specific allegation of firing against this petitioner. In the written report it is alleged that four accused persons, namely Binod @ Chotanki Gope, Guddu Kumar, Pintu Kumar and Rohit @ Teny Gope armed with pistol entered into the saloon where elder brother of informant, namely, Akaash was getting his hair cut. They caught hold the informant. It is further alleged that on the identification of co- accused Binod @ Chotanki the accused persons made indiscriminate firing. The informant with his another younger brother fled away from the shop. The informant found the

Patna High Court CR. MISC. No.34212 of 2019(5) dt.07-08-2019 2/2 petitioner and other accused persons as named were standing there. It is further alleged that all the four persons entered into the shop and made firing and fled away on motorcycle. The people went inside the shop and found his brother lying on the ground with bleeding who was taken to hospital where he was declared dead. From the written report it appears that no allegation of firing is made against this petitioner. The specific allegation of firing is made against four co- accused persons named in the written report who had entered into the shop.

Petitioner is in custody since 22.1.2019.

Considering the aforesaid, let the petitioner, above named, 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 the ACJM, 1st Patna City, in connection with Alamganj P. S. Case No. 95 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T