Patna High CourtCR. MISC./18708/2019bail granted

Dilip Kumar @ Dilip Kumar Prasad v. The State Of Bihar

2019-09-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18708 of 2019 Arising Out of PS. Case No.-367 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== Dilip Kumar @ Dilip Kumar Prasad S/O-Srikant @ Nakul Prasad, Resident of Village- Maulabagh, P.S.- Ara Nawada in the District of Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the the State :

Mr.Aditya Narayan Singh.1, APP For the informant : Mr. Madanjeet Kumar,Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2019 Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 324, 307, 302/34 of the Indian Penal Code. The prosecution case in brief is that the accused persons assaulted the Devar and husband of the informant. It is also alleged that while informant's husband and Devar were being taken to hospital for treatment, in the way the informant's husband was stabbed by the accused persons, as a result of which, the informant's husband succumbed to the injuries. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.18708 of 2019(5) dt.19-09-2019 2/2 petitioner is in custody since 23-08-2018. Charge sheet has already been submitted. As per FIR, the main allegation of assault is alleged against the co-accused namely Deepu and Manoj. General and omnibus allegation has been made against rest of the accused persons including the petitioner. As per the FIR, no specific overt act has been attributed against the petitioner.

On behalf of the State and O.P. No. 2 , it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, the petitioner named above is directed to 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, Ara, Bhojpur in connection with Ara Nawada P.S. Case No. 367 of 2018.

(Sudhir Singh, J) A.K.V.//- U T