Patna High CourtCR. MISC./50720/2019bail granted

Gopal Kumar v. The State Of Bihar

2019-11-20Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50720 of 2019 Arising Out of PS. Case No.-308 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== Gopal Kumar, aged about 21 years (male) son of Vijo Chodhari, Resident of Village - Ekania, P.S.- Mansi, District- Khagaria ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Binod Kumar, Advocate For the Opposite Party :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-11-2019 Heard Mr. Binod Kumar, learned Advocate for the petitioner and Mr. Nityanand, learned APP for the State. The petitioner seeks bail in connection with Sessions Trial No. 271 of 2018 arising out of Khagaria (Gangaour) P.S. Case No. 308 of 2018 instituted for the offences under Sections 395 and 412 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. While committing dacoity in the house of the informant, two persons were apprehended while other persons could manage to effect their escape. The petitioner is one of the arrested accused persons on the spot. One country made pistol is said to have been recovered from his

Patna High Court CR. MISC. No.50720 of 2019(3) dt.20-11-2019 2/2 possession.

Learned Advocate for the petitioner submits that the prosecution version does not appear to be probable because the police arrived and arrested the petitioner without any information having been provided to it. This prompt action by the police cannot be taken as a disadvantage to the prosecution version but considering that the petitioner does not have criminal antecedents and he is in custody since 17.05.2018 and that the other arrested accused persons have been granted bail by this Court, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 4th, Khagaria in connection with Sessions Trial No. 271 of 2018 arising out of Khagaria (Gangaour) P.S. Case No. 308 of 2018.

(Ashutosh Kumar, J) BT/- U T