Patna High CourtCR. MISC./59636/2024bail granted

Gopi Kumar @ Gopi Sada v. The State Of Bihar

2024-09-20Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59636 of 2024 Arising Out of PS. Case No.-215 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== 1.

Gopi Kumar @ Gopi Sada Son of Pavitar Sada @ Pavitra Sada Resident of Village - Fulhara Kalyanpur Chowk, Police Station - Kalyanpur, District - Samastipur 2.

Aklu Sada @ Hakru Sada Son of Late Bhola Sada Resident of Village - Fulhara Kalyanpur Chowk, Police Station - Kalyanpur, District - Samastipur 3.

Suresh Sada Son of Aklu Sada Resident of Village - Fulhara Kalyanpur Chowk, Police Station - Kalyanpur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-09-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have renewed their prayer for grant of regular bail in connection with S.Tr. no. 158 of 2024 (arising out of Kalyanpur P.S. Case no. 215 of 2023) registered under sections 302, 307, 341, 323, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that while the marriage of his daughter was taking place, the nine named accused persons entered into the Barat, started to dance and on protest by the informant, they are said to have

Patna High Court CR. MISC. No.59636 of 2024(2) dt.20-09-2024 2/3 abused and assaulted the father of the informant with brick, stone etc. leading to his death.

4. Learned counsel for the petitioners submits that the earlier prayer for bail of the petitioners was rejected vide order dated 9.11.2023 (Annexure-P/1) passed in Cr. Misc. no. 57597 of 2023 giving liberty to the petitioners to renew their prayer for bail on completing one year in custody or after framing of charge, whichever is later. The petitioners have remained in custody for more than 1 year since 15.7.2023 and 18.7.2023 respectively. Further learned counsel for the petitioners provides a certified copy of the order of the learned trial Court framing charge against the three petitioners under different sections of the Indian Penal Code on 2.5.2024.

5. The certified copy of the order framing charge produced by the learned counsel for the petitioners is taken on record.

6. The application for bail is opposed by learned APP for the State.

7. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the liberty granted in the earlier order of rejection dated 9.11.2023, charge having been framed in the learned trial Court against the

Patna High Court CR. MISC. No.59636 of 2024(2) dt.20-09-2024 3/3 petitioners on 2.5.2024 and the petitioners having remained in custody for more than 1 year since 15.7.2023 and 18.7.2023 respectively, the petitioners are directed to be enlarged on bail in connection with S.Tr. no. 158 of 2024 (arising out of Kalyanpur P.S. Case no. 215 of 2023) on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge, Samastipur.

(Partha Sarthy, J) Harsh/- U T