Subodh Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85917 of 2019 Arising Out of PS. Case No.-121 Year-2019 Thana- NAGARNAUSA District- Nalanda ====================================================== Subodh Gope Son of Late Basudev Gope Resident of Village - Kachhiyawan, P.S.- Nagarnausa, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Prasad, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 08.10.2019 in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504 and 506/34 of the Indian Penal Code.

The prosecution case as per the written report of Suryadeo Gope submitted to the Station House Officer, Nagarnausa P.S,. is to the effect that on 14.09.2019 at 8.30 P.M. the informant was going to irrigate his land, on the way, coaccused Nitish Kumar and some other persons started abusing the informant and on protest being made, co-accused Nitish

Patna High Court CR. MISC. No.85917 of 2019(3) dt.19-03-2020 2/3 Kumar assaulted with iron rod causing fracture injury of right hand. It is also alleged that the petitioner also assaulted with sharp cutting weapon.

It is submitted by learned counsel for the petitioner that in the background of land dispute, the accusation has been levelled against the petitioner. The petitioner's side lodged Complaint Case No. 530(c) of 2019 against the informant and others at earlier point of time. It is further submitted that there is no accusation of repetition of blow by the petitioner and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP after going through the case diary submits that the injury caused by the petitioner has been found grievous.

Considering the fact that there is no accusation of repeating the blow, a case lodged by the petitioner's side at earlier point of time and investigation already being concluded, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.85917 of 2019(3) dt.19-03-2020 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa (Nalanda) in connection with Nagarnausa P.S. Case No. 121 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T