Patna High CourtCR. MISC./77678/2019bail granted

Sajan Gope v. The State Of Bihar

2020-03-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77678 of 2019 Arising Out of PS. Case No.-327 Year-2019 Thana- BIHARSHARIF District- Nalanda ====================================================== SAJAN GOPE S/o Sundar Gope R/o Mohalla- Kalyanpur, P.S.- Bihar, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ganesh Sharma, Advocate For the informant :

Mr. Rajeev Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Bihar P.S. Case No. 327 of 2019, disclosing the offence under Sections 447, 323, 325, 354, 307 and 379/34 of the Indian Penal Code.

The petitioner is in custody since 6.8.2019. Allegedly, the persons named in the First Information Report had assaulted the informant and his brother Jitendra Kumar. Learned counsel for the petitioner has submitted that there is allegation against Modan Yadav of having assaulted the informant's brother in his head, causing head injuries. So far as

Patna High Court CR. MISC. No.77678 of 2019(4) dt.06-03-2020 2/2 the petitioner is concerned, he is said to have assaulted the informant. The injuries on the person of the informant have been found to be simple in nature.

Learned counsel for the informant has vehemently opposed the prayer for bail.

Considering the fact that the petitioner is in custody since 06.08.2019 and nature of allegation, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Bihar P.S. Case No. 327 of 2019, subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T