Dilkhush Kumar Yadav @ Dilkush Raj @ Dilkhush Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16953 of 2024 Arising Out of PS. Case No.-55 Year-2023 Thana- RATANPUR District- Supaul ====================================================== Dilkhush Kumar Yadav @ Dilkush Raj @ Dilkhush Raj S/O Yogendra Yadav R/O Village- Piprahi, Ward No. 03, P.S- Ratanpura, Distt.- Supaul. ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Prabhakar, Adv.

For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 341, 323, 332, 353, 224, 225, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, the informant along with the raiding team raided the house of the co-accused Yogendra Yadav. During the raid, the petitioner and the coaccused called 5-7 unknown persons and caused hindrance in discharge of official duties of the raiding team by attacking and abusing them. They got the co-accused Yogendra Yadav freed from the police personnel forcibly.

Patna High Court CR. MISC. No.16953 of 2024(2) dt.06-03-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence as alleged. The petitioner has falsely been implicated in this case. There is no specific overt act against the petitioner of attacking the police personnel. There is general and omnibus allegation against the petitioner. The petitioner has five other criminal antecedents as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances as well as the allegation being general and omnibus against the petitioner, there is no specific overt act against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Birpur, Supaul in connection with Ratanpura P.S. Case No. 55 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.16953 of 2024(2) dt.06-03-2024 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled 7.The application stands allowed.

(Chandra Prakash Singh, J) annpurna/- U T