Gopal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72494 of 2024 Arising Out of PS. Case No.-126 Year-2024 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Gopal Singh Son of Late Ram Lakhan Singh @ Ramlakhan Singh R/o VillPahsara, Babhangama, P.S.- Nawkothi, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is languishing in custody in above case registered for the offences punishable under Sections 109, 352, 115(2), 351(2) of the Bhartiya Nyaya Sanhita and Sections 25(1-B) a, 26, 27 of the Arms Act.

It is alleged against the petitioner that he assaulted the informant by fists and slaps and thereafter fired from his pistol upon the informant.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.72494 of 2024(2) dt.18-10-2024 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and the alleged recovery of arms has been made by the public not by the police official. No one has sustained any firearm injury. The petitioner is languishing in custody since 25.07.2024. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Nowkothi P.S. Case No. 126 of 2024, subject to the conditions that (i) one

Patna High Court CR. MISC. No.72494 of 2024(2) dt.18-10-2024 3/3 of the bailors will be the close family member of the petitioner (ii) petitioner will physically present on each and every date before the trial Court till framing of the charge.

(S. B. Pd. Singh, J) Shageer/- U T