Devnarayn Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22152 of 2016 Arising Out of PS.Case No. -317 Year- 2015 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================

1. Devnarayn Gope Son of late Prasadi Gope Resident of Village- Beldhana PS Chandi, District Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. A.K.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-07-2016 Heard the learned counsel for the petitioner, the learned A.P.P for the State as also the learned counsel for the Informant.

The petitioner seeks bail in a case for the offences punishable under sections 341, 323, 307, 504 and 302/34 of the I.P.C Allegedly, the petitioner, other three FIR named accused persons and 3-4 unknown started assaulting Manoj Yadav, Suresh Yadav and the informant. The petitioner, Suresh Gope and Subhash Gope assaulted with the iron rod to Suresh Yadav and the informant causing head injury and thereafter Suresh Yadav died.

Submission is of false implication and that due to the land dispute the occurrence has taken place, there is case and

Patna High Court Cr.Misc. No.22152 of 2016 (4) dt.13-07-2016 2/2 counter case, both sides have received injuries, in the postmortem report only two injuries were found, the petitioner without any fault is suffering in custody since 30.10.2015 having no criminal antecedent, co-accused Surendra Gope has already been allowed bail vide Cr. Misc. No. 20192 of 2016 and as such the petitioner also deserves sympathetic consideration, to which the learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail by submitting that in the fardbeyan of the informant it is specifically mentioned that the petitioner, Suresh Gope and Subhash Gope assaulted with iron rod to the deceased and also to the informant and as such the case of the petitioner is different from co-accused Surendra Gope.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to enlarge him on bail and accordingly his such prayer stands rejected in connection with S.T. No. 92 of 2016 arising out of Chandi P.S. Case No. 317 of 2015 pending in the court of 1st Additional Sessions Judge, Hilsa, Nalanda.

However, let the trial be expedited and concluded as early as possible preferably within a period of nine months from the date of receipt/production of a copy of this order. (Jitendra Mohan Sharma, J) Abhay/- U T