Kamindar Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1437 of 2021 Arising Out of PS. Case No.-117 Year-2020 Thana- PARWALPUR District- Nalanda ====================================================== 1.

KAMINDAR GOPE Son of CHANDRADEEP GOPE Resident of Village - Kalyanpur, Police Station - Parwalpur, District - Nalanda. 2.

Sohan Gope Son of Krishna Gope Resident of Village - Kalyanpur, Police Station - Parwalpur, District - Nalanda.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-11-2021 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in connection with Parwalpur P.S. Case No. 117 of 2020, registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.

As per allegation, when the informant was returning to his house, the accused persons including the petitioners stopped his vehicle and pointed pistol at him. The further allegation is that petitioner No. 1 fired shot but the informant saved his life after

Patna High Court CR. MISC. No.1437 of 2021(2) dt.02-11-2021 2/2 falling on the ground.

Learned counsel for the petitioners has submitted that there is allegation of firing by petitioner No. 1 but there is no injury at all. So far as, the petitioner No. 2 is concerned there is no specific allegation against him. He has also submitted that in Paragraph-7 of the bail petition the counter case has been mentioned which is prior to this case lodged by petitioner No. 1 bearing Parwalpur P.S. Case No. 97 of 2020 dated 28.4.2020.

Per contra, learned APP has opposed the prayed for bail of the petitioner.

Considering the above-mentioned facts and circumstances, let the petitioners in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Parwalpur P.S. Case No. 117 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey , J) SONALI/- U T