Ranjay Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40546 of 2015 Arising out of PS.Case No. -29 Year- 2015 Thana -FATUHA District- PATNA ====================================================== Ranjay Gope, Son of Bijendra Singh, resident of Village -Supanchak P.S. - Fatuha, District - Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Krishna Pd. Singh, Sr. Advocate. For the Opposite Party : Mr. Smt. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2015 Heard learned senior counsel for the petitioner and learned counsels for the State and the informant. The petitioner is languishing in custody since 03.02.2015 in connection with Fatuha P.S. Case No. 29 of 2015 for the offences instituted under Sections 302, 120(B)/34of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that the informant went to uproot peas crop with the deceased other son Hare Ram Prasad in field situated near Lord Shiva Temple after noon on 16.11.2015 Binod Singh and Ashok Singh were preparing beds to plant onion nearby field of the informant and deceased's son of the informant set out to his home with last bundles of peas from field. The informant and other son Hare Ram Singh, witness Binod Singh

Patna High Court Cr.Misc. No.40546 of 2015 (3) dt.14-10-2015 2/3 and Ashok set out to their home following deceased. As soon as deceased's son of the informant got on four lane with bundle, petitioner other accused came on motorcycle from west and they got down from motorcycle having stopped motorcycle and petitioner and other accused encircled the deceased and petitioner and other began firing on the deceased. Deceased's son of the informant sustained several shot of pellet and deceased fell down with bundles. By that time, the informant and his companions reached at the P.O. Petitioner and other fled away with pistol. The informant brought the deceased to P.H.C. and deceased succumbed to injury there. Reason of occurrence was that a land dispute is going on between Kamlesh Singh and Suresh Singh and the informant is agnate of Suresh Singh who having conspired with other got occurrence effected.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 03.02.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. General and omnibus allegation has been made against the petitioner. No specific injury has been attributed against him.

On behalf of the learned counsels for the informant and

Patna High Court Cr.Misc. No.40546 of 2015 (3) dt.14-10-2015 3/3 the State it has been submitted that the petitioner is named in the F.I.R. and vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Patna City, Patna, in connection with Fatuha P.S. Case No. 29/2015. U.K./- (Sudhir Singh, J) U T