Allowed

Gopal Sharma v. The State of Bihar

Patna HC12 Sept 2019CR. MISC./57874/2019

Case brief

AI extract

What is this about?

This single-judge criminal miscellaneous order granted anticipatory bail to the petitioner, an 84-year-old man, apprehending arrest in a case involving alleged assault and attempt to murder arising from a land dispute. The court imposed standard conditions including presence in court and cooperation with investigation.

What did the court decide?

Petitioner released on bail via bond of Rs. 10,000 with two sureties upon arrest/surrender within six weeks.

Gopal Sharma Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57874 of 2019

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Arising Out of PS. Case No.-29 Year-2019 Thana- PAUTHU District- Aurangabad

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======================================================

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GOPAL SHARMA Son of Late Sarju Singh @ Saryu Sharma Resident of Village- Itar, P.S.- Pauthu, District- Aurangabad.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar Pandey, Adv. For the Opposite Party/s : Mr.Amitesh Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 12-09-2019

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner apprehends his arrest for the offences alleged under Sections 341,323,307 along with 34 of the Indian Penal Code registered in connection with Pauthu P.S. Case No. 29/2019.

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It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties who are co-villagers. The accusation of assault is general and omnibus against three accused persons including the petitioner, which is improbable as the petitioner is a person of advanced age of about 84 years. In any event the injuries are simple in nature. Petitioner claims clean antecedent.

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Be that as it may, in the event of the petitioner’s arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Ist Class,

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Patna High Court CR. MISC. No.57874 of 2019(2) dt.12-09-2019 2/2

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Aurangabad in connection with Pauthu P.S. Case No. 29/2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions -

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(i) That one of the bailors shall be a close relative of the petitioner.

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(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

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(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

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(Vikash Jain, J)

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Prakash Narayan/- U T

Gopal Sharma v. The State of Bihar

Case brief

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Gopal Sharma v. The State of Bihar

Case brief

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