Gopal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47961 of 2022 Arising Out of PS. Case No.-55 Year-2022 Thana- KIUL District- Lakhisarai ====================================================== 1.

GOPAL RAM Son of Mathura Ram Resident of Village - Bannu Bagicha, P.S. Kiul, District - Lakhisarai.

2.

DHEERAJ KUMAR Son of Adhik Ram Resident of Village - Bannu Bagicha, P.S. Kiul, District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajnish Chandra, Advocate For the State :

Mr. Sanjay Kumar Tiwary, APP For the Informant :

Mr. N.A. Shamsi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2023 Heard learned counsel for the petitioners, learned counsel for the Informant, learned APP for the State and perused the case diary.

The petitioner is in custody in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 302 and 307 of the Indian Penal Code.

Allegedly, it is a case of assaulting due to which injured sustained injury and one Rohit Kumar succumbed to injuries.

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He further submits that there is general and omnibus allegation of

Patna High Court CR. MISC. No.47961 of 2022(3) dt.12-01-2023 2/2 assaulting against the petitioners and no specific overt-act of assaulting the deceased. Petitioners are in custody since 19.04.2022 and 18.05.2022 respectively.

Learned APP appearing for the State has vehemently opposed the prayer for regular bail of the petitioners and submitted that the deceased died due to assault. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to 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 CJM, Lakhisarai in connection with Kiul P.S. Case No. 55 of 2022. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T