Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47674 of 2024 Arising Out of PS. Case No.-192 Year-2023 Thana- BEERPUR District- Begusarai ====================================================== Dilkhush Kumar Son of Raju Paswan Resident of Ward No. 05, Bhawanandpur, Panapur, Birpur, P.S.- Birpur, District- Begusarai. ... ... Petitioner

Versus

The State of Bihar Patna ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Pritish Kumar Lal For the Opposite Party :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Birpur P.S. Case No. 192/2023 dated 24.10.2023 registered for the offences punishable u/ss 341, 323, 307, 353 and 333 read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have surrounded the informant and the petitioner (Dilkhush Kumar) assaulted the informant with pistol, causing injury on his hand. Thereafter, the petitioner and the co-accused person assaulted the informant with lathi which hit below the left eye of the informant.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.47674 of 2024(2) dt.30-08-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The other co-accused person has already been granted bail by this court vide order dated 07.05.2024 passed in Cr. Misc. No. 16407/2024. As per the Annexure P-2, the injuries are simple in nature caused by hard and blunt substance. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Begusarai in connection with Birpur P.S. Case No. 192/2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T