Dilip Yadav @ Dilip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19227 of 2024 Arising Out of PS. Case No.-1161 Year-2023 Thana- ARARIA District- Araria ====================================================== DILIP YADAV @ DILIP KUMAR SON OF LATE KALANAND YADAV R/O-KOCHGAMAN, WARD NO. 4, P.S. AND DISTT.-ARARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Choubey, Adv.
For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with Araria P.S. Case No. 1161 of 2023 instituted under Sections 147, 148, 341, 328, 324, 307, 354(B) & 379 of the I.P.C.
3. As per prosecution case, six accused persons including the petitioner have assaulted the informant by means of sword. It is further alleged that wife of informant was also beaten by the accused persons and she was also mishandled indecently. The allegation against the petitioner is that he has inflicted sword blow on the head of nephew of informant Aman and also fired on informant's brother Rudranand Yadav who saved himself.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.19227 of 2024(2) dt.28-03-2024 2/2 case. There is case and counter case between the parties and the petitioner is own brother of the informant. It has further been submitted that the injuries received by the injured are simple in nature. Petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-Araria in connection with Araria P.S. Case No. 1161 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) perwez U T