Rajesh @ Chotye Gope And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29396 of 2018 Arising Out of PS. Case No.-269 Year-2017 Thana- KHUSRUPUR District- Patna ======================================================

1. Rajesh @ Chotye Gope, S/o Late Yugal Kishore Singh,

2. Bumbum Gope @ Rohit aged about 28 Years S/o Bachhu Gope, Both R/o Naya Tola, Khirodharpur, P.S.- Khushrupur, DistrictPatna. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Sunil Kumar Pathak, Adv.

For the Opposite Party :

Mr. Surendra Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-09-2018 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners are apprehending their arrest in connection with Special Case No. 9401 of 2017 arising out of Khushrupur P.S. Case No. 269 of 2017 for the offences registered under Sections 399, 420 of the Indian Penal code and Under Sections 25(1-B)a/26/35 of the Arms Act and 37 (C) of Bihar Prohibition and Excise Act, 2016.

Informant is a police officer, who in his written complaint has stated that he received a secret information that petitioners along with other co-accused have assembled with arms to commit crime. On receiving such information he along with other police personnel reached at that place and saw five persons with two motorcycles standing in suspicious condition

Patna High Court Cr.Misc. No.29396 of 2018(3) dt.06-09-2018 2/2 and on seeing police party petitioners along with other coaccused tried to flee away but on chase petitioners were apprehended and two pistols recovered from their possession. It has been submitted on behalf of the petitioners that they are innocent and committed no offence. They have been falsely implicated in this case with ulterior motive. Petitioners were never apprehended by police nor any recovery made from their possession and contents of F.I.R. is false and concocted. Considering the facts and circumstances of the present case, let petitioners, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs.

10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna in connection with Special Case No. 9401 of 2017 arising out of Khushrupur P.S. Case No. 269 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (S.