Anshu Gope v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63072 of 2021 Arising Out of PS. Case No.-284 Year-2019 Thana- NOORSARAI District- Nalanda ====================================================== ANSHU GOPE S/o- MR SATYENDRA PRASAD Resident of VillageRatanpura, P.S.- Noorsarai, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vaishnavi Singh For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in a case registered for the offences under Section 147, 148, 149,341, 307, 302, 504 of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner is in custody since 11.08.2021, he is a person with clean antecedent, charge-sheet has been submitted. The learned counsel for the petitioner submits that informant alleges that while her husband Sikandar Prasad was near a bridge situated near house of co-accused, Hinu Devi, Aakash Kumar and Niranjan Prasad came and started abusing him and on protest, they started assaulting him, it is further alleged that the on of the informant came to rescue the deceased,
Patna High Court CR. MISC. No.63072 of 2021(2) dt.25-03-2022 2/3 then other accused persons including the petitioner armed with lathi and danda came and started assaulted them injured the husband and son of the informant, due to which the husband of the informant died. It is further alleged that the cause for the occurrence was dispute between the children.
The learned counsel submits that informant is not an eye witness to the occurrence. The allegation of assault is general and omnibus in nature against the petitioner, it is further submitted that that co-accused Suji Devi, has been granted bail vide order dated 22.07.2021 passed in Cr. Misc. No. 18421 of 2020, Bhinu Devi has been granted bail vide order dated 03.03.2020 passed in Cr. Misc. No.14750 of 2020 and Niranjan Prasad has been granted bail vide order dated 17.12.2021 passed in Cr. Misc. No.33495 of 2020.
The learned A.P.P. vehemently opposes the bail application.
Considering the fact the petitioner is in custody since 11.08.2021, he is a person with clean antecedent, charge-sheet has been submitted and co-accused have been granted bail and the allegations against the petitioner of assault is general and omnibus in nature, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of
Patna High Court CR. MISC. No.63072 of 2021(2) dt.25-03-2022 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Noorsarai P.S. Case No. 284 of 2019.
The application stands allowed.
(Satyavrat Verma, J) sanjeev/- U T