Dilip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33210 of 2023 Arising Out of PS. Case No.-289 Year-2022 Thana- PIPRA District- East Champaran ====================================================== DILIP KUMAR S/O SIKANDAR RAI Resident of Village- Sakin Chakaniya P.S.- Pipra, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ritesh Verma For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 The defect(s) as pointed out by the office is ignored. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201/34 of the IPC.
The allegation against the petitioner along with co-accused persons is that they committed murder of the son of the informant due to money dispute by sharp cutting object and threw his dead body in sugarcane field. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.33210 of 2023(2) dt.27-07-2023 2/3 falsely been implicated in this case merely on the basis of confessional statement of co-accused. He has got no criminal antecedent. Specific allegation of stabbing knife is against Pankaj Kumar and not against this petitioner. There is no consistent material found against the petitioner and no any incriminating article found from his conscious possession. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 23.6.2023 passed in Cr. Misc. No. 16290 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 17.01.2023.
Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pipra P.S. Case No. 289 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.33210 of 2023(2) dt.27-07-2023 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari.
(Sunil Kumar Panwar, J) sushma/- U