Mahendra Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52587 of 2018 Arising Out of PS. Case No.-243 Year-2010 Thana- BHORE District- Gopalganj ====================================================== Mahendra Gond Son of late Patwari Gond Resident of Village- Malchour, P.S. Bhorey, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhramveer For the Opposite Party/s :

Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 302, 323, 324 and 504 of the Indian Penal Code.

The prosecution case, in short, is that on account of previous night hot talk between the parties, next morning when the informant along with father and family members were at his residence, the accused persons armed variously armed came there and started assaulting the informant's father on account of which he succumbed to the injury. Thereafter, the accused persons also assaulted other family members of the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.52587 of 2018(2) dt.10-09-2018 2/2 allegation of tampering of witnesses alleged against the petitioner. The police did not find material against the petitioner and Charge-sheet was submitted in this case in which the petitioner was not sent up for trial and the same was accepted in the Court. However, in the trial, the petitioner has been summoned under Section 319 Cr.P.C. No specific overt act has been alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-V, Gopalganj in connection with Bhorey P.S. Case No. 243 of 2010, S. Tr. No. 312/2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T