Patna High CourtCR. MISC./33261/2024bail granted

Dilkhush Kumar v. The State Of Bihar

2024-05-09Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33261 of 2024 Arising Out of PS. Case No.-478 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Dilkhush Kumar Son Of Suraj Yadav Resident Of Village - Barahi, Tiri Ward No. 04, P.S. - Sourbazar (BAIJNATHPUR O.P.), District - Saharsa ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sourbazar P.S. Case No. 478/2023 dated 16.08.2023 registered for the offences punishable under sections 341, 342, 323, 307, 504, 506/34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and coaccused persons along with 3-4 unknown miscreants are alleged to have thrown bamboo on the informant's son due to which he fell down and they fired three rounds with intention to kill him causing fire arm injury.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.33261 of 2024(2) dt.09-05-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation of firing against the petitioner rather the allegation is general and omnibus in nature. The injury sustained by informant's son on left chest near costal region (2x1xdeep) cm. with bleeding, injury no. 2 is penetrating wound near right of spine around lumber region approx. (2x1xdeep) cm. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saharsa in connection with Sourbazar P.S. Case No. 478/2023, with condition:

(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.33261 of 2024(2) dt.09-05-2024 3/3 cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T