Dilip Kunwar @ Dilip Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49700 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- SHYAMPUR BHATHA DistrictSheohar ====================================================== DILIP KUNWAR @ DILIP SINGH SON OF VINDA KUNWAR R/O VILLAGE- MASAHAN, P.S.- SHYAMPUR BHATHAN, DISTRICTSHEOHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-01-2023 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Shyampur Bhathan P.S. Case No. 124 of 2022, registered for the offences punishable under Sections 302, 120 B of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation, the specific allegation of firing shot upon the person of deceased is on co-accused Nitish Kumar Singh @ Chhotu Singh and Amit Kumar Singh. It has been alleged that there was land dispute between the deceased and co-accused Vinay Kumar Singh and few days prior to the occurrence, the petitioner along with

Patna High Court CR. MISC. No.49700 of 2022(2) dt.12-01-2023 2/3 the other accused persons had threatened to kill the brother of the informant.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has submitted that co-accused Vinay Kumar Singh has been granted anticipatory bail by the coordinate Bench in Cr. Misc No. 48169 of 2022 and the case of the petitioner is on better footing. He is a person of clean antecedent.

On the other hand, learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1, Sheohar in connection with Shyampur Bhathan P.S. Case No. 124 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T

Patna High Court CR. MISC. No.49700 of 2022(2) dt.12-01-2023 3/3