IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25709 of 2008
UPENDRA GOPE
Versus
STATE OF BIHAR
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3. 11.7.2008. Heard the counsel for the petitioner and counsel appearing
on behalf of the informant and the State.
The petitioner’s bail application under Sections 364,302 and
120(B) of the Indian Penal Code was rejected on 21.8.2007 with an
observation that the petitioner has remained in custody for a very short
time that is from 29.10.2006.
During the investigation, two persons have said that they
had seen this petitioner and three others alongwith a young boy on
27.10.2006. At that stage witnesses had not identified the boy who had
accompanied the petitioner.
Learned counsel for the informant submits that the trial has
commenced and four witnesses have been examined. Amongst two,
one Laxami Mahato has also been examined in the case diary. It is the
contention of the informant that Laxami Mahato has stated that he had
identified the boy and others on 27.10.2006 at about 8.00 P.M.
Learned counsel for the petitioner submits that there is
enmity of the petitioner with Laxami Mahato and if the evidence of
the witnesses are to be believed, the only material that has come
against him is that of “being last seen with the deceased.” It is further
submitted that in fact had Laxami Mahato seen the deceased with the
petitioner, he would have informed the father of the deceased on the
next day when the father searching for his son.
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It is lastly submitted that the petitioner has remained in
custody for about 22 months.
Considering the aforesaid fact, the petitioner Upendra Gope
is directed to be released on bail on furnishing bail bond of
Rs.10,000/-(Ten Thousand) with two sureties of the like amount each
to the satisfaction of the Additional District and Sessions Judge, Ist,
Patna in connection with Khajekala (Mehndiganj) P. S. Case No. 187
of 2006 arising out of Sessions Trial Case No. 789 of 2007 with the
condition that the petitioner must appear in court below during the
trial on each and every date as and when required by the court below
and if he is absent even on a single date without any proper cause, his
bail bond shall stand cancelled, the photographs of the bailors should
be affixed to the bail bond and the address of the bailors should be
mentioned in the bail bond.
U.K. (Sheema Ali Khan,J)