Birendra Gope @ Birendra Kumar @ Virendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4590 of 2024 Arising Out of PS. Case No.-302 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== 1.
Birendra Gope @ Birendra Kumar @ Virendra Kumar Son of Nandu Gope Resident of Village-Mosimpur, Police Station-Khushrupur, District-Patna 2.
Akash Kumar Son of Bhola Singh Resident of Village-Mosimpur, Police Station-Khushrupur, District-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar, Adv.
For the Opposite Party/s :
Mr.Umesh Lal Verma, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 307/34 of the Indian Penal Code and Section 27 of Arms Act.
3. Allegedly, all the accused persons including the petitioners are said to have come at General Store of the informant and started abusing. When he protested, petitioner no.2 got his rifle brought from his home and started firing.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place.
Patna High Court CR. MISC. No.4590 of 2024(2) dt.17-02-2024 2/2 Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. Both the parties are co-villagers. It is further submitted that there is compromise between the parties due to intervention of their well-wishers. No persons got injured in the present case. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as no person was injured in the alleged occurrence, 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 lower Court where the case is pending/successor Court in connection with Khurshrupur P.S. Case No. 302 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T