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2025 DAILYLAW 30735 (PAT)

Gopi Kumar v. The State of Bihar

CR. MISC./21141/2025 · 2025-04-22

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21141 of 2025 Arising Out of PS. Case No.-234 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Gopi Kumar S/o Daroga Sah R/o Village- Laxmipur, P.S.- Motihari Mufasil, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar, Adv. For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 22-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has earlier moved before this Court with a prayer for anticipatory bail which was dismissed by a Co- ordinate Bench of this Court vide order dated 09.09.2024 passed in Cr. Misc. No. 56393 of 2024. 3. The petitioner seeks bail in connection with Motihari Mufasil P.S. Case No. 234 of 2024 instituted for the offences under Sections 323, 324, 307, 504, 506, 341, 379, 34 of the Indian Penal Code. 4. As per prosecution case, the accusation against the accused persons including the petitioner is of assaulting the Informant by means of farsa, pistol, iron-rod and lathi. It is Patna High Court CR. MISC. No.21141 of 2025(2) dt.22-04-2025 2/3 alleged that the petitioner has assaulted the Informant by means of farsa on his head indiscriminately causing cut injury with oozing of blood. 5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to village politics. There is a case and counter case between the parties. The present case is the counter blast of Motihari Mufasil P.S. Case No. 233 of 2024 lodged by the brother of the petitioner against the Informant. The petitioner has two criminal antecedents and is languishing in judicial custody since 11.11.2024 without any rhymes or reason. Charge-sheet has been submitted in this case. 6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The petitioner bears two criminal antecedents and, hence, he does not deserve bail. 7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing Patna High Court CR. MISC. No.21141 of 2025(2) dt.22-04-2025 3/3 bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Motihari Mufasil P.S. Case No. 234 of 2024. rishi/- (Rudra Prakash Mishra, J) U T