Gopal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56810 of 2023 Arising Out of PS. Case No.-66 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== GOPAL SINGH son of Late Ganesh Singh Village- Piparpanti Ps- Pasraha Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 307, 120(B)/34 of the Indian Penal Code and Section 27(3) of the Arms Act pending in the learned court below.

3. As per the prosecution case, all the accused persons along with 3-4 unknown persons are said to have fired upon the son of the informant due to which he died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is not named in the FIR during course of investigation petitioner is made accused in the present case. He submits that there is no specific overt act against the petitioner. He further submits that statement of the

Patna High Court CR. MISC. No.56810 of 2023(2) dt.31-08-2023 2/2 victim was recorded under Section 164 Cr.P.C. in which the victim stated that petitioner is only a conspirator. He further submits that petitioner has got four criminal antecedents as stated in para-3 of the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioenr, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Pasraha P.S. Case No.66/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T