Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39483 of 2025 Arising Out of PS. Case No.-150 Year-2023 Thana- GAMAHARIYA District- Madhepura ====================================================== Dilkhush kumar S/o Sudhir Kumar Singh resident of village- Ekparha, ward no2, P.S.- Gamharia, Distt- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has earlier moved before this Court with a prayer for anticipatory bail which was rejected vide order dated 01.10.2024 passed in Cr. Misc. No. 66245 of 2024.

3. The petitioner seeks bail in connection with Gamhariya P.S. Case No. 150 of 2023 registered for the offences punishable under Sections 324, 307 of the Indian Penal Code.

4. As per written report, the accusation has been made against the petitioner is of inflicting knife blow in the abdomen of the son of the Informant/Rahul Kumar, causing grievous injury.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.39483 of 2025(2) dt.27-06-2025 2/3 petitioner is innocent and has falsely been implicated in the present case due to ulterior motive of the informant and his son who is in inimical term with the petitioner. He further submits that the son of the informant is habitual of using toxic syrup due to which he fell down from the bridge and sustained injury. There is no eye-witness to the alleged occurrence. Even the Informant is not the eye-witness. The petitioner has one criminal antecedent in which he is on bail as has been stated in paragraph no.3 of the present bail application. The petitioner is in custody since 18.02.2025. The petitioner has no concern with the alleged occurrence. Charge-sheet has been submitted in this case against the petitioner.

6. Learned A.P.P. for the State opposes the prayer for bail of the petitioner, stating that the specific allegation of assault is against the petitioner by knife. The offence alleged against the petitioner is serious in nature and, hence, he does not deserve grant of bail.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.39483 of 2025(2) dt.27-06-2025 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Gamhariya P.S. Case No. 150 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T