Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33381 of 2021 Arising Out of PS. Case No.-250 Year-2019 Thana- DHARHARA District- Munger ====================================================== Dilkhush Kumar Son of Ramkripal Yadav @ Khokho Yadav Resident of Village- Chhonapatti, P.S.- Dharhara (Hemjapur O.P.), District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Dharhara (Hemjapur O.P.) P.S. Case No. 250 of 2019, registered for the offence punishable under section 302 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that from perusal of the FIR it appears that informant's son (victim) was gossiping with co-accused Dumka, but he did not return till late night. Thereafter informant came outside in search of her son and found him lying in pool of blood. Learned counsel for the petitioner further submits that informant's son was killed by coaccused Dumka, who is lone FIR named accused person in the case, and petitioner's name has come only on the basis of confessional statement of co-accused Vikash Kumar Yadav, who

Patna High Court CR. MISC. No.33381 of 2021(2) dt.02-09-2021 2/3 has already been granted bail by a co-ordinate Bench of this Court, vide order dated 03.06.2020, passed in Cr.Misc. No.17664 of 2020 (Annexure - 2 to the petition). Other similarly situated co-accused persons namely Dilip Ray and Dumka @ Ghyanchand Kumar have also been granted bail by this Court, vide orders annexed as Annexures 3 and 4 respectively to the petition. Petitioner has got no criminal antecedent, as stated in paragraph 3 of the bail petition, and he is in custody since 28.12.2020. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Dharhara (Hemjapur O.P.) P.S. Case No. 250 of 2019, corresponding to G.R. No. 2997 of 2019, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his

Patna High Court CR. MISC. No.33381 of 2021(2) dt.02-09-2021 3/3 bail-bond shall be cancelled by the court below.

(2) 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."

(Prabhat Kumar Singh, J.) anay U T