Gopal Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77086 of 2024 Arising Out of PS. Case No.-109 Year-2024 Thana- HALSI District- Lakhisarai ====================================================== 1.

Gopal Bharti S/o Sripati Bharti R/o vill - Dira, P.s. - Halsi, Distt. - Lakhisarai 2.

Rim Jhim Devi W/o Sripati Bharti R/o vill - Dira, P.s. - Halsi, Distt. - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehends their arrest in a case registered for the offence punishable u/s 341, 323, 307, 504/34 of IPC. 3.

Allegedly, the petitioners along with other accused persons have assaulted the informant with lathi, danda and iron rod. As per injury report, injury was found to be grievous in nature.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.77086 of 2024(2) dt.13-11-2024 2/2 allegation leveled against the petitioners are not specific rather general and omnibus in nature. It is further submitted that date of occurrence mentioned by the informant is 02.04.2024 but FIR was lodged on 11.04.2024 i.e after delay of 9 days. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, and the fact that petitioner no. 1 is aged about 71 years and petitioner no 2 is a female, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Halsi P.S. Case No.109 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) priyanka/- U T