Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39118 of 2024 Arising Out of PS. Case No.-251 Year-2023 Thana- PIPRAHI District- Sheohar ====================================================== Dilip Kumar, son of Ramji Ray, Resident of village - Shankarpur Bindhi P.S - Piprahi, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Piprahi P.S. Case No. 251 of 2023 registered on 05.11.2023 for the alleged offences under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code.

3. As per prosecution case, petitioner and other coaccused persons with intention to causing death stabbed the brother of the informant causing serious injuries. When the informant and his father reached at the spot, they were also assaulted and this petitioner gave knife blow in the neck of the brother of the informant and father of the informant was also assaulted.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.39118 of 2024(2) dt.10-07-2024 2/3 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Prior to lodging of the present FIR, the petitioner has also lodged Piprahi P.s. Case No. 240 of 2023 against the informant side for the same occurrence. Now the matter has been compromised between the parties. The injury report of the victims shows simply injuries. Petitioner is having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that injury as alleged in the FIR have been found on the person of the brother and father of the informant.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the simple nature of injury and further considering the previously lodged case by the petitioner side and also considering the clean antecedent of the petitioner coupled with possibility of false implication, let the petitioner named above, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheohar/ court concerned in connection with Piprahi

Patna High Court CR. MISC. No.39118 of 2024(2) dt.10-07-2024 3/3 P.S. Case No. 251 of 2023, subject to the condition laid down under section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T