Gopal Jee Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48906 of 2021 Arising Out of PS. Case No.-107 Year-2019 Thana- TEYAR District- Bhojpur ====================================================== GOPAL JEE MISHRA S/o JAG NARAYAN MISHRA R/o VILLAGEKATAIBOJH, P.S-TIYAR, DISTRICT-BHOJPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Murari, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.

As per the prosecution case, while the informant was sitting at his darwaja it is stated that the four named accused persons including the petitioner herein came there variously armed and as a result of firing resorted to by the petitioner, the informant sustained gun shot injury near his shoulder. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There is admitted land dispute between the parties. The manner of occurrence is other than what has been narrated in the FIR. The petitioner is in custody since 18.4.2021 and investigation in the

Patna High Court CR. MISC. No.48906 of 2021(5) dt.19-04-2022 2/2 case has concluded with submission of the charge sheet. The petitioner who has no criminal antecedent undertakes to cooperate in the trial.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegation in the FIR, there being no repetition of firing together with the petitioner having remained in custody for 1 year and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Tiyar P.S. Case no. 107 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-XII, Arrah. (Partha Sarthy, J) Prakash/- U