Dilkhush Kumar @Dilshush Kumar @ Khusdil @ Khusdil Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.43432 of 2015 (3) dt.24-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43432 of 2015 Arising Out of PS.Case No. -26 Year- 2014 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== DILKHUSH KUMAR @ DILSHUSH KUMAR @ KHUSDIL @ KHUSDIL SINGH son of Arjun Singh resident of Village Sahuri P.S Birpur District Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar For the Opposite Party : Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-11-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 26.05.2015 in a case instituted under Sections 147, 148, 149, 326, 302 and 379 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case that the informant was returning from Begusarai and when he reached near villagePaspura Naga Asthan by his motorcycle all the accused persons named in the written report, were hiding himself and they made indiscriminate firing over him, who died at the spot. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.05.2015. Chargesheet has

Patna High Court Cr.Misc. No.43432 of 2015 (3) dt.24-11-2015 been submitted in the case. There is no allegation of tampering of evidence against the petitioner. General and omnibus allegation has been made against the petitioner. No specific injury has been attributed against the petitioner. Petitioner is not named in the FIR. The other co-accused have been granted bail by this Court vide Cr.Misc.No.36151 of 2014 and Cr.Misc.No.40310 of 2014. On behalf of the State, it has been submitted that the name of the petitioner has come in course of investigation. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Bimlendu Kumar, Judicial Magistrate, Ist Class, Begusarai in connection with Muffasil P.S.Case No.26 of 2014.

(Sudhir Singh, J) B.Kr./- U T