Patna High CourtCR. MISC./73077/2024bail granted

Gopal Kumar v. The State Of Bihar

2024-12-05Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 73077 of 2024 Arising Out of PS. Case No.-709 Year-2023 Thana- MANER District- Patna ====================================================== Gopal Kumar Son of Anirudh Paswan Resident of Village - Narahia @ Indrahiyan, P.S. - Sasaram, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kuber Pathak, Adv.

For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Maner P.S. Case No. 709 of 2023 dated 01.10.2023, lodged under Sections 147, 148, 149, 447, 307, 386, 379, 504, 506 and 120(B) of the I.P.C. read with Sections 25(1-B)a, 26, 35 and 27 of the Arms Act.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 22.02.2024 passed in Cr. Misc. No. 10994 of 2024. He submits that in the F.I.R., there were in total 22 named accused persons and the bail application of the petitioner was rejected and he is in custody since 02.10.2023, total 15 months have been lapsed. He further submits that charge has already

Patna High Court CR. MISC. No. 73077 of 2024(2) dt.05-12-2024 2/3 been framed in this case. Since, the accused is in custody since 15 months and charge has already been framed, no purpose shall be solved keeping the petitioner into custody.

4. Learned counsel for the State opposes the prayer for bail.

5. 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 Only) with two sureties of the like amount each to the satisfaction of learned A.D.J.-Vth, Danapur, Patna in connection with Sessions Trial No. 264 of 2024 P.S. Case No. 709 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: (i) one of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance;

Patna High Court CR. MISC. No. 73077 of 2024(2) dt.05-12-2024 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) sadique/- U T