Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28992 of 2020 Arising Out of PS. Case No.-205 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== DILIP KUMAR Son of Ram Charitar Yadav Resident of Village- Aurwa Dohar, Police Station- Dobhi, District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Ms. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-11-2020 As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Ms. Pronati Singh, APP is appearing for the State as it is submitted that the brief has been allotted to her by the office of Advocate General.

Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Sherghati PS Case No. 205 of 2020 registered under Sections 147, 148, 149, 341, 324, 307, 302, 504 and 506 of the IPC.

Patna High Court CR. MISC. No.28992 of 2020(3) dt.26-11-2020 2/2 Informant has alleged that total 22 persons assaulted his father due to land dispute leading to his death. Learned Counsel for the petitioner submits that he is sonin-law of accused No. 12. Accused No. 12 is one of the agnates of the informant and his father (deceased). Specific assault is alleged against Niranjan Yadav and the entire family members have been implicated due to subsisting land dispute. The petitioner has no criminal antecedent and is in custody since 13.5.2020. Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let 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 ACJM Sherghati, District Gaya in Sherghati PS Case No. 205 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T