Dilip Kumar @ Dilip Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49410 of 2015 Arising Out of PS.Case No. -82 Year- 2015 Thana -SIDHWALIA District- GOPALGANJ ====================================================== Dilip Kumar @ Dilip Chauhan son of Late Thakur Mahto, resident of village - Kalyanpur Madhubani, Police Station - Sidhwalia, District - Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Sidhwalia P.S.Case No.82 of 2015 registered under Sections 341, 323, 307 and 379/34 of the Indian Penal Code as well as Section 27 of the Arms Act.

It is contended that no occurrence as alleged by the prosecution ever took place. As a matter of fact, it was the members of the prosecution party who came at the door of the petitioner on two motorcycles for demanding Rangdari and when it was protested they indulged in scuffle causing injury to the petitioner and his brother and thereafter a free fight took place

Patna High Court Cr.Misc. No.49410 of 2015 (2) dt.04-11-2015 2/2 between both the parties in which members of both the parties sustained simple injuries for which cases from both sides were registered. It is further contended that the petitioner has got roots in the society. He is a teacher in a government school and in case anticipatory bail is granted he is not likely to abscond or tamper with the evidence.

Learned counsel for the State has opposed the application.

Taking into consideration the facts and circumstances of the case, in the event of arrest or surrender in the court below within four weeks from today, the above named petitioner is directed to 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 Sri Aashish Mishra, Judicial Magistrate, 1st Class, Gopalganj in connection with Sidhwalia P.S. Case No. 82 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T