Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.758 of 2021 Arising Out of PS. Case No.-246 Year-2019 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== GOPAL KUMAR son of Vishandeo Thakur Resident of Village- Dubaha, P.S. Sakra, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Bhushan For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-08-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kazi Mohammadpur P.S. Case No. 246 of 2019 instituted for the offences under Sections 341, 323, 384 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

It has been alleged in the F.I.R. by the owner of a truck that his driver was assaulted by two motorcycle borne youths. They were looking for the owner of the vehicle. Learned counsel for the petitioner has submitted that he has not been named in the F.I.R. His name has

Patna High Court CR. MISC. No.758 of 2021(4) dt.10-08-2021 2/3 transpired in this case during the course of investigation. Two persons, namely, Ranjeet Kumar Singh and Deepak Kumar have named the petitioner and one Raushan Kumar as the motorcycle riding youths. Learned counsel for the petitioner has submitted that no doubt the statement of aforesaid Ranjeet Kumar Singh and Deepak Kumar which have been recorded in paragraph 32 and 33 of the case diary refers to the name of the petitioner also as one of the miscreants but they have not explained the circumstance under which they were present at the time when the occurrence had been committed. Their statement, therefore, appears to be with the purpose of falsely implicating the petitioner. The other accused persons of this case, namely, Raushan Kumar has been arrested and has been granted bail by the court below.

Regard being had to the afore-noted circumstances and the accusation against the petitioner being solely based on the statement of the two of the witnesses who have not disclosed the occasion for their being present at the time of occurrence, the provisional bail granted to the petitioner vide

Patna High Court CR. MISC. No.758 of 2021(4) dt.10-08-2021 3/3 order dated 24.06.2021 is confirmed.

The petitioner shall remain on the same bail bonds. The application stands allowed.

(Ashutosh Kumar, J) sunilkumar/- U T