Bipin Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40515 of 2019 Arising Out of PS. Case No.-153 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Bipin Kumar Patel, Son of Ramasis Prasad Resident of Village- Bhojpurwa, P.S. Manjhagarh, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gopalganj P.S. Case no. 153 of 201, registered under Sections 341, 323, 324, 325, 307, 504, 384 and 379/34 of the Indian Penal Code and under Section 37(b) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on 21.03.2019, petitioner along with chandan Kumar, Tunna Patel, Vicky Patel and Prince Patel having armed with weapon came at the door of the informant Prince Kumar Singh and started to abuse saying that why ransom of Rs. 50,000/- was not paid in spite of several demands, when informant made protest then petitioner gave knife blow at this left shoulder. When informant made alarm

Patna High Court CR. MISC. No.40515 of 2019(2) dt.02-07-2019 2/2 then Ravi Kumar Soni came to save him then on the order of Prince Patel, Chandan Patel inflicted knife blow on his chest. In the meantime, Niraj Kumar Sharma rushed to save then Tuna Patel gave knife blow on his neck.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the allegation has been made against the petitioner to cause knife blow on left shoulder of informant, which is simple in nature. Further submission is that petitioner and informant are next door neighbour and he has falsely been implicated in this case due to dirty village politics. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the 2nd Addl. Sessions Judgecum-Special Judge, Excise, Gopalganj in connection with Gopalganj P.S. Case No. 153 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T