Vijay Prasad @ Vijay Gope And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29415 of 2018 Arising Out of PS.Case No. -18 Year- 2018 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Vijay Prasad @ Vijay Gope, S/o Gajo Gope,

2. Dayanand Prasad @ Dayanand Gope S/o Gajo Gope,

3. Akhilesh Kumar @ Akhilesh Kumar S/o Vijay Prasad @ Vijay Gope , All R/o Vill.- Kakhara Mandaksh, P.S.- Noor Sarai, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar No.1 For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-05-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections-354 (B), 307, 379 & other minor Sections of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioners is that the petitioners along with others committed assault and other co-accused Fazahat Gope and Mithilesh Gope fired from their pistol, causing fire arm injury to the informant as well as one Sarita Kumari on her forehead.

Submission of the learned counsel for the petitioners is

Patna High Court Cr.Misc. No.29415 of 2018 (2) dt.31-05-2018 that no any specific allegation has been attributed against them. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, let the petitioners, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/-(Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief judicial Magistrate, Nalanda, Biharsharif in connection with Noor Sarai P.S. Case No. 18 of 2018, subject to the condition that as laid down under Section 438(2) of the Code of Criminal Procedure.

With following conditions:- i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

ii) The petitioners will not induce any witness or tamper with the evidence.

iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when

Patna High Court Cr.Misc. No.29415 of 2018 (2) dt.31-05-2018 required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond.

(Birendra Kumar, J) A.K.V./- U T