Gopal Kumar @ Gopal Srivastava @ Gopal Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46004 of 2023 Arising Out of PS. Case No.-852 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== GOPAL KUMAR @ GOPAL SRIVASTAVA @ GOPAL KUMAR SINHA son of Late Hardev Sinha R/o- ITI Colony ps- Muffasil Bettiah Dist- West Champaran .. ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 379, 385 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, the informant runs vehicle of Bihar State Road Transport Department and when the informant was sitting at ticket counter, in the meantime the accused persons named in the FIR came with weapons and demanded extortion money for running the bus. Thereafter, coaccused Gandi Srivastava fired upon the informant, which hit on
Patna High Court CR. MISC. No.46004 of 2023(2) dt.04-08-2023 2/3 his abdomen. It is further alleged that the accused persons assaulted informant's family members and his staff namely, Shivam Kumar and took out Rs. 25,000/- from booking counter and fled away.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. From the perusal of the FIR, it appears that the allegation against the petitioner and other co-accused is that they assaulted to Shivam Kumar by means of iron rod on his left hand but the injury report shows that no external injury was found on Shivam Kumar, which does not corroborates the prosecution case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 26.04.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.46004 of 2023(2) dt.04-08-2023 3/3 satisfaction of the learned Court below in connection with Bettiah City P.S. Case No. 852 of 2022.
(Sunil Kumar Panwar, J) arish/- U T