Dilip @ Pandey @ Dilip Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20620 of 2019 Arising Out of PS. Case No.-332 Year-2018 Thana- RUPASPUR District- Patna ====================================================== DILIP @ PANDEY @ DILIP PANDEY, Son of Ganauri Rai @ Manohar Rai, Resident of Village - Gandhi Murti Naya Tola, Saguna, P.S.- Danapur, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate.

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Rupaspur P.S. Case No. 332 of 2018, instituted for the offence under Section(s) 302/34 of Indian Penal Code and Section 27 of the Arms Act. Counsel for the petitioner submits that petitioner is in custody since 19.12.2018. Mere suspicion has been raised against the petitioner in the written report. There is no eye witness of the occurrence.

It is alleged that three days prior to lodging of the First Information Report, the accused persons as named in the written report including petitioner assaulted grand son of the informant. It is further alleged that on 3.8.2018 at 18:30 p.m. the

Patna High Court CR. MISC. No.20620 of 2019(2) dt.03-04-2019 2/2 informant got information that her son namely, Sukhu has been shot dead and his dead body is lying at Danapur Hospital. The informant reached there and found her son dead. The informant has raised suspicion against the petitioner and other accused persons in the written report.

From the impugned order it appears that in the case diary besides suspicion, there is no allegation of any specific overt act against the petitioner.

Petitioner is in custody since 19.12.2018.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, 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 Additional Chief Judicial Magistrate, Danapur, in connection with Rupaspur P.S. Case No. 332 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T