Gopal Chaudhary @ Lalo Chaudhary @ Laloo @ Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39182 of 2020 Arising Out of PS. Case No.-277 Year-2019 Thana- DALSINGHSARAI District- Samastipur ====================================================== GOPAL CHAUDHARY @ LALO CHAUDHARY @ LALOO @ GOPAL KUMAR, S/o Mahendra Chaudhary, R/o Village- Kewta, P.S.- Dalsingh Sarai, District- Samastipur ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Indu Kumari Shrivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-03-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Ms. Indu Kumari Shrivastava, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Dalsingh Sarai P.S. Case No. 277 of 2020 registered for the offence under Section 307 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. Learned counsel submits that no

Patna High Court CR. MISC. No.39182 of 2020(3) dt.26-03-2021 2/3 incriminating article has been recovered from the possession of the petitioner and he has been dragged in this case without there being any material against him. It is stated that the petitioner is in judicial custody since 25.05.2020.

Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein in course of investigation some witnesses have supported the allegation that this petitioner had taken out pistol and fired from his pistol upon the informant but he was luckily saved and further that this petitioner has got 18 cases on his head, the list of cases stated in paragraph '3' of the present application are showing that the substantial number of cases are under the provisions of the Arms Act, this Court is of the opinion that releasing the petitioner at this stage may result in tampering with evidence by influencing the witnesses hence, this Court is not inclined to grant the privilege of bail to the petitioner. Let the trial be expedited.

In case the trial is not concluded within a period of

Patna High Court CR. MISC. No.39182 of 2020(3) dt.26-03-2021 3/3 nine months but no reason attributable to the petitioner, he may renew his prayer for bail.

The trial court is expected to proceed with the trial on day to day basis.

(Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'