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Patna High CourtCR. MISC./49649/2023allowed

Dilip Kumar @ Dipu Kumar v. The State Of Bihar

2023-08-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49649 of 2023 Arising Out of PS. Case No.-146 Year-2023 Thana- CIVIL LINE District- Gaya ====================================================== Dilip Kumar @ Dipu Kumar, Gender-Male, aged about 19 years, Son of Anand Paswan, Resident of Village- Bahwalpur, P.S- Guraru, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Civil Lines P.S. Case No. 146 of 2023 dated 02.03.2023 instituted under Sections 419, 420, 467, 468/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons entered into criminal conspiracy to get cleared physical examination for the post of Homeguards of one Parmatma Kumar.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. There is nothing material against the petitioner to connect in the alleged crime. Petitioner was neither participated in the physical test

Patna High Court CR. MISC. No.49649 of 2023(2) dt.11-08-2023 2/2 nor he was present at the spot rather the name of the petitioner has been dragged in the present case merely on the basis of disclosure made by accused Raj Kumar @ Tuntun. Petitioner is young age of 19 years making preparation of competition examination, having no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the above named petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Gaya in connection with Civil Lines P.S. Case No. 146 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Anand Kr.

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