Patna High Court/59728/2023bail granted

Gopal Pandey @ Gopal Pandit v. The State Of Bihar

2023-09-27Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59728 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== Gopal Pandey @ Gopal Pandit S/O Krishna Pandey @ Shyam Bihari Pandey R/O Mohalla- Kajipura, Ps. Sasaram (TOWN), Dist. Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwari, Advocate For the Opposite Party/s :

Mr.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-09-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Sasaram (Town) P.S. Case No. 275 of 2023 dated 31.03.2023 registered for the offence punishable under Sections 147, 148, 149, 188, 153A, 341, 342, 323, 337, 338, 353, 307, 427, 435, 436, 504, 505, 506 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, on the alleged date and time of occurrence, the FIR named accused persons along with

Patna High Court CR. MISC. No.59728 of 2023(2) dt.27-09-2023 2/3 200-250 unknown persons committed the alleged occurrence, in which, several people sustained injury. They are also alleged to have caused hindrance in discharge of official duties of the police personnel.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused Shyam Kishore Dubey. The other co-accused person has already been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 07.08.2023 passed in Cr. Misc. No. 42920 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Rohtas at Sasaram in connection with Sasaram (Town) P.S. Case

Patna High Court CR. MISC. No.59728 of 2023(2) dt.27-09-2023 3/3 No. 275 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T