← Library
Patna High CourtCR. MISC./45122/2019bail granted

Vinod Gope @ Vinod @ Chotanki Gope v. The State Of Bihar

2019-12-11Mr. Justice Ahsanuddin Amanullah4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 45122 of 2019 Arising Out of PS Case No.-95 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== Vinod Gope @ Vinod @ Chotanki Gope, aged about 50 years, Gender-Male, Son of Late Ram Dayal Gope Resident of Mohalla-Belwarganj, P.S.- Alamganj, District-Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 47485 of 2019 Arising Out of PS Case No.-95 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== Guddu Kumar, aged about 22 years, Gender-Male, Son of Vinod @ Chotanki Gope Resident of Mohalla- Belwarganj, P.S.- Alamganj, District- Patna. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 45122 of 2019) For the Petitioner/s :

Mr. Satyavrat Verma and Mr. Vatshal Verma, Advocates For the State :

Mr. Jharkhandi Upadhyay, APP (In CRIMINAL MISCELLANEOUS No. 47485 of 2019) For the Petitioner/s :

Mr. Satyavrat Verma and Mr. Vatshal Verma, Advocates For the State :

Mr. Gauri Shanker Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 11-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Alamganj PS Case No. 95 of 2018 dated 02.03.2018 instituted under

2/4 Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act.

3. The allegation against the petitioners and eight others is of indiscriminate firing resulting in the death of the brother of the informant.

4. Learned counsel for the petitioners submitted that the informant and the deceased are agnates of the petitioners and other accused and there is land dispute between them. It was submitted that from the FIR itself, it would be clear that initially the informant was caught hold of but then the petitioners are said to have told the other co-accused to look for the deceased and kill him. It was submitted that if the petitioners were close relatives and had come specifically targeting the deceased, there would be no occasion for the petitioners and other co-accused to first catch hold of the informant. It was submitted that even otherwise, if the informant was closely related to the petitioners and other coaccused, then it is not open to reason as to why an eye witness would be left to later create problems for the accused.

3/4 fired indiscriminately resulting in his death. It was submitted that if the informant could recognize the persons then the barber could also have recognized them because he is known to the family and the shop is in the same locality. It was submitted that the deceased was a history sheeter. Learned counsel submitted that the petitioner of Cr. Misc. No. 45122 of 2019 is in custody since 19.11.2018 and petitioner of Cr. Misc. No. 47485 of 2019 is in custody since 08.01.2019.

5. Learned APP submitted that there is allegation of indiscriminate firing on the deceased by the petitioners along with three others.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge, Patna City, Patna in Alamganj PS Case No. 95 of 2018.

7. One of the bailors shall be a close relative of the petitioners. The petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners. The petitioners shall also give an undertaking to the Court that they shall not indulge in

4/4 any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of their bail bonds. The petitioners shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of their bail bonds.

8. The applications stand disposed off.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T