Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26052 of 2022 Arising Out of PS. Case No.-203 Year-2021 Thana- CHARPOKHARI District- Bhojpur ====================================================== Dipak Kumar Son of Anil Singh R/O- Vill- Pritamur, P.S.- Chrpokhari, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur, Sr. Advocate For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-08-2022 Heard learned senior counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Charpokhari P.S. Case No. 203 of 2021 registered for the offence under Sections 341, 342, 504, 302, 379, 120(b) and 34 of the Indian Penal Code and 27 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 25.11.2021.

The allegation against the petitioner is to commit murder of the brother of the informant along with other coaccused persons in the background of local political differences.

Patna High Court CR. MISC. No.26052 of 2022(2) dt.26-08-2022 2/3 Learned senior counsel appearing on behalf of the petitioner submitted that specific allegations of firing to shot dead from close range is against co-accused, namely, Anil Kumar Singh, who is the father of the petitioner, where petitioner has been implicated in the present case due to political rivalry. It is submitted that maximum allegation against petitioner is to hold the hand of the deceased. It is further submitted that petitioner is a man of clean antecedent, moreover, investigation in this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that specific allegation of firing is against the coaccused, namely, Anil Kumar Singh. Considering the facts and circumstances as mentioned above, as allegation against the petitioner is only to hold one hand of the deceased, where specific allegation of firing is against co-accused, namely, Anil Kumar Singh, causing death of brother of the informant, where petitioner is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Charpokhari P.S. Case No.

Patna High Court CR. MISC. No.26052 of 2022(2) dt.26-08-2022 3/3 203 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bhojpur at Ara/concerned court, subject to the following conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T