Patna High CourtCR. MISC./22418/2020bail granted

Dilkhush Kumar v. The State Of Bihar

2020-11-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22418 of 2020 Arising Out of PS. Case No.-360 Year-2019 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== DILKHUSH KUMAR S/o Dayanand Yadav @ Dayanand Pd. Yadav Resident of Village-Jogbani, W.N.14, P.S-Gamharia, District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 392, 302, 120B of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that the accused persons under a conspiracy killed the son of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.12.2019 and has got no

Patna High Court CR. MISC. No.22418 of 2020(3) dt.09-11-2020 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The name of the petitioner has transpired on the basis of suspicion. Except for suspicion, there is no substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Udakishunganj at Madhepura in connection with Udakishunganj P.S. Case No. 360/2019.

(Sudhir Singh, J) Pankaj/- U T