Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62306 of 2022 Arising Out of PS. Case No.-31 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Gopal Kumar S/o Late Kamleshwar Singh @ Late Ram Kishori Singh R/o Village- Ayodhya, P.S- Teghra, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suneil Kumar Thakur, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No.2, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Teghra P.S. Case No. 31 of 2022, lodged under Sections 341, 323, 379, 384/34 of the Indian Penal Code read with Section 27 of the Arms Act.

As per prosecution case, the informant is project manager who filed criminal case against 4 persons alleging therein that they have assaulted the workmen earlier and subsequently on 07.02.2022 started indiscriminate firing and threatened them to provide Rs.5 lacs per site to the boss otherwise be ready for consequences.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the petitioner is a respectable person and is

Patna High Court CR. MISC. No.62306 of 2022(2) dt.22-02-2023 2/3 basically a petty contractor, on certain issues dispute is going between the project manager and petty contractor and with a view to teach lesson the project manager has filed this criminal case against the petitioner and others. He also submits that due to intervention of the well wishers a compromise petition has been filed, on which, the accused and informant have put their signatures which is annexed as Annexure-2 to the present application. He further submits that petitioner is in custody since 22.08.2022 and there are two criminal cases pending against him and in both the cases he is in on bail. Learned counsel for the petitioner further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him. He further submits that one of the co-accused of this has been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 04.01.2023 passed in Cr. Misc. No.46622 of 2022.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.62306 of 2022(2) dt.22-02-2023 3/3 the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 31 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T