Dilkhus Singh @ Khusdil Singh @ Dilkhush @ Khushdil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19565 of 2023 Arising Out of PS. Case No.-165 Year-2020 Thana- BEERPUR District- Begusarai ====================================================== Dilkhus Singh @ Khusdil Singh @ Dilkhush @ Khushdil, Gender-Male, Aged about 31 years, Son of Arjun Singh R/O Village- Sahuri, P.S.- Birpur, District- Begusarai ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ashok Kumar, Advocate For the Opposite Party :
Mr. Mithlesh Kumar Khare, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Sessions Trial No. 337 of 2022 arising out of Birpur P.S. Case No. 165 of 2020 dated 02.12.2020, instituted for the offence punishable under Sections 147, 148, 149, 341, 504, 307 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. Allegation against the petitioner and other co-accused is of firing and threatening the informant and his family.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is also submitted that the allegation of firing is against the petitioner but during the course of investigation, the I.O. of the case
Patna High Court CR. MISC. No.19565 of 2023(2) dt.17-05-2023 2/3 did not find any sign of firing. It is further submitted that the other accused persons have already been granted bail by the lower court itself. Lastly, it has been submitted that the petitioner is in custody since 29.08.2022, charge-sheet has been submitted in the case and he has five criminal cases against him.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Begusarai in Sessions Trial No. 337 of 2022 arising out of Birpur P.S. Case No. 165 of 2020, subject to the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
(3) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail
Patna High Court CR. MISC. No.19565 of 2023(2) dt.17-05-2023 3/3 on ground of misuse.
(4) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (Khatim Reza, J) Gaurav Kumar/- U T