Dilip Kumar @ Dilip Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42832 of 2022 Arising Out of PS. Case No.-8 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== DILIP KUMAR @ DILIP THAKUR S/o Raj Kumar Thakur R/o village - Sahuri Baraipura, P.S.- Khodawandpur (Ghaurahi O.P.), District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Murari Mishra, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 452, 324, 307, 34 of the IPC and Section 27 of the Arms Act.

Allegedly, the petitioner fired from pistol which hit on the head of the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive of the informant. No such occurrence, in the manner as alleged, has ever taken place. Though the allegation against petitioner is

Patna High Court CR. MISC. No.42832 of 2022(2) dt.29-11-2022 2/2 of firing from pistol on the informant but as per the doctor the injury is simple in nature. The petitioner has no concern with the instant occurrence, he was not even present on the spot but due to old enmity the informant after thought given the name of the petitioner in the instant case. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injury is simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Khodawandpur P.S. Case No.8 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T