Gopi Kumar @ Gopi Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5631 of 2025 Arising Out of PS. Case No.-372 Year-2022 Thana- BYPASS District- Patna ====================================================== Gopi Kumar @ Gopi Kumar Thakur, aged about 32 years, male, S/O Late Gopal Lal, R/O Bagh Kaloo Khan, Ward No.65, P.S.- Khajekala, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Bye Pass PS Case No.372 of 2022 dated 07.09.2022, instituted for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that while the informant's brother and one Chandan Kumar were standing near Shitla Mandir Road, Roopwati Community Hall, after parking his Scooty, some criminals attacked and fired upon the brother of the informant, which hit on his cheek and when Chandan Kumar intervened, criminals also fired on him which hit on his head. It is also alleged that both i.e., the informant's brother and Chandan Kumar succumbed to the gun shot injury.

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4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. FIR is against unknown. Only on the basis of confessional statement of Sanjay Kumar Keshri @ Chiku Kumar, the petitioner and Vicky Kumar @ Tiktik have been made accused in this case. Nothing has been recovered from the possession of the petitioner. There is no material in the case diary. Further submission is that Sanjay Kumar Keshari @ Chiku Kumar in whose confession name of the petitioner and co-accused Vicky Kumar @ Tiktik has come has been granted bail by this Court vide order dated 24.05.2023 passed in Cr. Misc. No.26494 of 2023. Co-accused Vicky Kumar @ Tiktik has also been granted bail by this Court vide order dated 23.05.2024 passed in Cr. Misc. No.20796 of 2024.

Further submission is that other co-accused, namely, Ganesh Kumar, Rahul Kumar @ Mod @ Rahul Rai @ Mor and Ashish Pandey have been granted bail by different co-ordinate Benches of this Court vide Cr. Misc. No.5266 of 2023; Cr. Misc. No.15342 of 2023 and Cr. Misc. No.16929 of 2023. Lastly, it is submitted that the petitioner is in custody since 17.10.2022 having seven criminal cases against him.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of

3/4 the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge-IV, Patna City, Patna, in S.T. No.801 of 2023 arising out of Bye Pass PS Case No.

4/4 fortnightly to mark his attendance till the conclusion of the trial.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T