Dilip Kumar @ Dilip Yadav @ Chhotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36491 of 2022 Arising Out of PS. Case No.-455 Year-2021 Thana- BUXAR MUFFSIL District- Buxar ====================================================== DILIP KUMAR @ DILIP YADAV @ CHHOTU YADAV Son of Late Basropan Singh Resident of Village - Bairiya, P.S.- Koran Sarai, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Anand For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 19-01-2023 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on record.

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

The petitioner seeks bail in connection with Buxar (Mufassil) P.S. Case No. 455 of 2021 registered for the offences punishable under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, informant's son has been shot dead by co-accused Sushant Tiwary and others under conspiracy.

2/4 Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been surfaced in this case upon confessional statement of co-accused Vikash Kumar Yadav and Sumit Kumar who were also not named in the FIR. Except confessional statement, there is nothing on record to connect the present petitioner with the alleged occurrence. Learned counsel for the petitioner has submitted through supplementary affidavit that petitioner is in custody since 31.10.2013 in connection with Shahpur P.S. Case No. 171/2013 instituted for the offence under Sections 302/34 of the IPC and Section 27 of the Arms Act. He further submits that petitioner was in jail in connection with Shahpur P.S. Case No. 171/2013 when the present occurrence took place on 20.12.

2021 and there is no question arising that petitioner has made any kind of conspiracy for committing the alleged occurrence at the relevant time. Moreover, on similar allegation co-accused Vikash Kumar Yadav has already been granted bail by the coordinate Bench of this Court and on the principle of parity the present petitioner also deserves bail. He further submits that petitioner has been remanded in the present case on 07.02.2022 from Shahpur P.S. Case No. 171/2013 and since then he is in custody in the present case.

3/4 the case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, co-accused Vikash Kumar Yadav on similar allegation has already been granted bail by the coordinate Bench of this Court, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, 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 learned Additional Sessions Judge-XI, Buxar/concerned court in connection with Buxar (Mufassil) P.S. Case No. 455 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive

4/4 dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T