Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48122 of 2023 Arising Out of PS. Case No.-2 Year-2022 Thana- GWALPARA District- Madhepura ====================================================== Dilkhush Kumar Son Of Amrendra Yadav R/O-Jairampur Parshahi, P.S.- GWALPARA, Distt.-MADHEPURA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 448, 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged against the petitioner that he shot at the informant, as a result of which, he sustained gunshot injuries.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is land dispute between the parties. It is alleged against the petitioner

Patna High Court CR. MISC. No.48122 of 2023(6) dt.19-01-2024 2/3 that he shot at the informant but the injury report of the informant annexed with the case diary suggests that the doctor opined the injuries to be simple in nature which completely contradict the prosecution version. The petitioner is languishing in custody since 01.06.2022. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Udakishunganj, Madhepura in connection with Gwalpara P.S. Case No. 02 of 2022.

The petitioner will cooperate the trial Court and shall present on each and every date before the Trial Court. The Trial Court will be at liberty to cancel the bail bonds of the petitioner, if the petitioner fails to appear

Patna High Court CR. MISC. No.48122 of 2023(6) dt.19-01-2024 3/3 before the Trial Court on two consecutive occasions without plausible explanation.

(Sunil Kumar Panwar, J) Shageer/- U T