In bail proceedings arising from an attempt to murder case, the High Court granted bail to the petitioner subject to conditions, despite a prior rejection, by emphasizing his innocence and lack of antecedents.
Release on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2400 of 2019
Arising Out of PS. Case No.-55 Year-2015 Thana- NIMACHANDPURA District- Begusarai
======================================================
Gopal Kumar @ Gopal Singh @ Gopal Kumar Singh Shyam Singh R/o VillChandpura. P.S. Neemachandpura, District- Begusarai ... Petitioner Versus
The State Of Bihar ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sada Nand Roy, Adv. For the Opposite Party : Mr. Lakshmi Kant Sharma, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 18-01-2019
Heard the learned counsel for the petitioner and the learned counsel appearing for the State.
The petitioner had earlier moved for bail which was
rejected on 29.06.2018 in Cr. Misc. No. 28945 of 2018. The petitioner is languishing in judicial custody since 16.03.2018 in connection with S. Tr. No. 355 of 2018 arising out of Neemachandpura P.S. Case No. 55 of 2015 for the offences alleged under Sections 307 and 34 of the Indian Penal Code.
The prosecution case, as lodged by the informant is that while he was sitting near a Thakurbari, the petitioner along five other accused in three motorcycles came and started indiscriminate firing. When the informant tried to flee away, co-accused, Bibhuti Singh fired on the informant, which missed. The petitioner also fired which hit his right thigh.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.2400 of 2019(2) dt.18-01-2019 2/3
petitioner that he is innocent, bears no criminal antecedent and there was a land dispute between the parties, hence, the petitioner has been falsely implicated. He, further, submits that the injury caused on the informant is not on the vital part of the body, hence, no case under Section 307 of the Indian Penal Code is made out. It is, further, submitted that the allegations are general and omnibus and it is not ascertainable that amongst six accused persons, including the petitioner, who fired the shot hitting the informant. The petitioner undertakes to cooperate in the trial on day-to-day basis.
However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record as well as the custody, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with S. Tr. No. 355 of 2018 arising out of Neemachandpura P.S. Case No. 55 of 2015 to the satisfaction of the learned Additional Sessions Judge, V, Begusarai, subject to the following conditions :
(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file
Patna High Court Cr.Misc. No.2400 of 2019(2) dt.18-01-2019 3/3
an affidavit stating his relationship with the petitioner.
(ii) If the petitioner indulges in an offence of similar
nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds.
(Nilu Agrawal, J)
Shamshad/-
U
2 issues framed by the court
Whether the petitioner is eligible for bail while implicated in Section 307 and 34 IPC allegations.
Whether the general nature of allegations and the petitioner's cooperation warrant release.
Gopal Kumar @ Gopal Singh @ Gopal Kumar Singh Shyam Singh
The State Of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
