Gopal Kumar @ Gopal Kumar Jha@ Gopal Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41682 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- SUPAUL District- Supaul ====================================================== Gopal Kumar @ Gopal Kumar Jha@ Gopal Jha, Son of Ram Chandra Jha Resident of Village-Sukhpur Ward no.9, Solhani, P.S and District-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Nath Yadav For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Supaul P.S. Case No.187 of 2019, for the offence punishable under Sections 341, 323, 379, 385, 307 and 34 of the Indian Penal Code. The allegation against the petitioner is that petitioner along with other accused persons assaulted the son of the informant by means of iron rod on his head.

Learned counsel for the petitioner submits that both the parties are co-villagers and the dispute between them has taken place on the point of demand of donation for the purpose of Holi festival. Learned counsel further submits that the allegation against the petitioner and others are general and omnibus in nature and from perusal of the First Information Report, it would be evident that date and time of occurrence has not been mentioned. Learned

Patna High Court CR. MISC. No.41682 of 2019(4) dt.25-10-2019 2/2 counsel for the petitioner further submits that in fact prior to alleged occurrence, the petitioner has lodged First Information Report bearing Supaul P.S. Case No.180 of 2019 against the informant and his son. Learned counsel referring to the impugned order submits that the injuries caused to the victim have been found to be simple in nature.

Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are covillagers and the injuries caused to the victim have been found to be simple in nature, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

sanjeev/- (Anil Kumar Sinha, J) U T