Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38980 of 2024 Arising Out of PS. Case No.-177 Year-2021 Thana- FATUA District- Patna ====================================================== Dinesh Kumar Son of Ramashraya Singh R/O Village-Jaggubigha, P.S. Fatuha, District- Patna ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in a case registered for the offences punishable under Sections 302, 147, 148, and 149 of the Indian Penal Code and 27 of the Arms Act. 3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and informant alleges that on account of dispute relating to Chandan with his minor daughter aged about 16 years, the accused person including the petitioner came to the house of the informant and on orders of Binay, Kundan fired causing injury on head of the informant's wife, who died.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated without alleging any overt act against him and he has been roped in the case as he is related

Patna High Court CR. MISC. No.38980 of 2024(2) dt.31-08-2024 2/2 to Chandan. It is also submitted that the accused Binay Singh who is similarly situated was granted bail by order dated 26-42022 in Cr. Misc No. 67265 of 2021. It is further submitted that trial is going on and witnesses have been examined, but three witnesses have been declared hostile.

5.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6.

Considering the submission made by learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Fatuha P.S. Case No. 177 of 2021.

7.

However, in the event if the learned trial court comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner and to take all coercive steps to ensure that petitioner is behind bars. (Satyavrat Verma, J) SUMIT/- U T