Karu Gop v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63687 of 2021 Arising Out of PS. Case No.-271 Year-2020 Thana- CHANDI District- Nalanda ====================================================== 1.
Karu Gop, male, aged about 55 years, S/o Suresh Gop R/o village- Bhadru Dih, P.S.- Nagarnausa, District- Nalanda.
2.
Rajesh Yadav, male, aged about 50 years, S/o Kamaldeo Yadav R/o villageBhatna Bigha, P.S.- Chandi, District- Nalanda. 3.
Ram Pravesh Yadav, male, aged about 44 years, S/o Kamaldeo Yadav R/o village- Bhatna Bigha, P.S.- Chandi, District- Nalanda. 4.
Modan Yadav, male, aged about 48 years, S/o Late Digal Yadav R/o villageBhatna Bigha, P.S.- Chandi, District- Nalanda. 5.
Shankar Gop, male, aged about 42 years, S/o Late Ramashish Gop R/o village- Bhatna Bigha, P.S.- Chandi, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Shankar Prasad Yadav, Adv.
For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-04-2022 For the reason of the marriage of the daughter and the son of petitioner No. 2 having been scheduled for 02nd and 11th of May, 2022 respectively, this case has been taken up and heard on priority.
2/4 Mr. Shiv Shankar Prasad Yadav, the learned Advocate for the petitioners seeks permission to withdraw the application of petitioner No. 1, namely, Karu Gop as he has been arrested during the pendency of the present bail application.
Permission is granted.
The application with respect to petitioner No. 1 is dismissed as withdrawn as having become infructuous.
The petitioner Nos. 2 to 5 seek bail in anticipation of their arrest in connection with Chandi P.S. Case No. 271 of 2020, dated 11.07.2020, instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 506, 352 and 384 of the Indian Penal Code.
They are alleged to have opened fire at the informant, but nobody was injured in the occurrence. There is a counter version of the occurrence also.
Prior to the lodging of the present case,
3/4 some of the other family members of the petitioners have filed cases against the informant of this case and others.
It appears that there is a dispute inter se between the villagers in which the petitioners have been siding with one set of villagers. This, perhaps, is the reason for implicating the petitioners in the present case.
Though some of the petitioners have been made accused in criminal cases from before, but in all such cases they have been released on bail.
Considering the fact that nobody has been hurt in the occurrence and there is a counter version of the same as well, the petitioner Nos. 2 to 5, namely, Rajesh Yadav, Ram Pravesh Yadav, Modan Yadav and Shankar Gop, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two
4/4 sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Hilsa (Nalanda) in connection with Chandi P.S. Case No. 271 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands disposed off accordingly.
(Ashutosh Kumar, J) Praveen-II/- U T