Dilip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20736 of 2025 Arising Out of PS. Case No.-234 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Dilip Kumar S/o Bhuvesar Sah @ Muneshar Sah R/o Village- Laxamipur, P.S.- Muffasil, District- East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 234 of 2024 instituted for the offences under Sections 323, 324, 341, 307, 504, 506, 379/34 of the Indian Penal Code.
3. As per prosecution case, the accusation against the accused persons including the petitioner is of assaulting the Informant by means of farsa, pistol, iron-rod and lathi. There is specific allegation against the petitioner of assaulting the Informant by means of iron rod.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.20736 of 2025(2) dt.17-04-2025 2/3 against him and has falsely been implicated in the present case. There is a case and counter case between he parties. The present case is the counter blast of Muffasil P.S. Case No. 233 of 2024 lodged by the brother of Chandan Kumar. In course of investigation, nothing adverse has come against the petitioner. The petitioner has no concern with the alleged offence. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no criminal antecedent and is languishing in judicial custody since 11.11.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. There is specific allegation against the petitioner of assaulting the Informant by means of iron rod.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the
Patna High Court CR. MISC. No.20736 of 2025(2) dt.17-04-2025 3/3 like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil P.S. Case No. 234 of 2024. (Rudra Prakash Mishra, J) rishi/- U T