Gopal Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42332 of 2023 Arising Out of PS. Case No.-999 Year-2022 Thana- BIHTA District- Patna ====================================================== Gopal Ray S/O Late Ram Dayal Ray R/O Village- Aamnabad, Ps. Bihta, Dist. Patna ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mithilesh Kr. Arya For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 307, 379, 120B/302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.
3. On 29.09.2022 at about 11.40 AM informant got information that at Sone Diara near Kawariya Ghat firing is going on between two groups to assert supremacy over sand mining. When the informant reached the place of occurrence, all of them fled away. Local chowkidar and villagers named all the F.I.R named accused persons including this petitioner and in this cross firing, four persons were killed.
4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been
Patna High Court CR. MISC. No.42332 of 2023(2) dt.31-07-2023 2/2 implicated in this case merely on the basis of suspicion. No overt act has been alleged against him. Several co-accused, with similar allegations, have already been allowed pre-arrest bail by this Court vide order passed in Cr.Mis.No. 24396 of 2023 and other analogous cases. Petitioner claims clean antecedent.
5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Danapur, Patna in Bihta Police Station Case No. 999 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashi/- U T