Dilkhush Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23842 of 2024 Arising Out of PS. Case No.-585 Year-2023 Thana- KESARIA District- East Champaran ====================================================== Dilkhush Kumar Ram Son of Shatrohan Ram @ Shatrudhan Ram Resident of Village- Bhopatpur Ahirauliya, P.S.- Kotwa (Bhopatpur O.P.), Dist.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in in connection with Kesariya P.S. Case No. 585 of 2023 registered for the offences punishable under Sections 392 of the Indian Penal Code and Section 25(1-b)a, 26 of the Arms Act.
3. As per prosecution case, the accusation against the accused persons including the petitioner is of looting a machine and cash of Rs. 8,000/- from the Informant on the gun point. It is alleged that on Hulla being raised by the Informant, the villagers chased the miscreants and
Patna High Court CR. MISC. No.23842 of 2024(3) dt.19-04-2024 2/3 apprehended two persons who disclosed their names as Rajkumar Ram and Muna Kumar Ram. They also disclosed the name of person who fled away from there as Dilkhush Kumar Ram (the petitioner).
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. The name of the petitioner has surfaced in this case on the basis of the disclosures made by the co-accused Rajkumar Ram and Munna Kumar Ram. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today,
Patna High Court CR. MISC. No.23842 of 2024(3) dt.19-04-2024 3/3 be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with - Kesariya P.S. Case No. 585 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Rudra Prakash Mishra, J) rishi/- U T