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Patna High CourtCR. MISC./54493/2024allowed

Dilip Kumar @ Krishnadeo Kumar @ Krishnadeo Yadav v. The State Of Bihar

2024-10-26Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54493 of 2024 Arising Out of PS. Case No.-864 Year-2022 Thana- SUPAUL District- Supaul ====================================================== Dilip Kumar @ Krishnadeo Kumar @ Krishnadeo Yadav Son Of Lal Bahadur Yadav Resident Of Mohalla - Amha, Ward No. 04, P.S. - Supaul, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Patla Kumari, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Supaul P.S. Case No. 864 of 2022, instituted under Sections 341, 323, 325, 307, 354, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, petitioner along with F.I.R. named accused persons armed with weapon came at the house of informant and started abusing. On protest by the brother of the informant, petitioner assaulted him causing injury. Petitioner also assaulted the father of informant on his leg causing injury. Other accused persons assaulted the wife of the

Patna High Court CR. MISC. No.54493 of 2024(3) dt.26-10-2024 2/3 informant. Co-accused Sushma Devi snatched the golden chain from the wife of informant's brother.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The alleged incident occurred on 02.09.2022 and the F.I.R. has been lodged on 10.09.2022 without disclosing the delay in filing the F.I.R. There is land dispute between the parties and there is case and counter case. Petitioner has no criminal antecedent. Benefit of Section 41 A of the Cr.P.C. has been granted to the petitioner during the investigation. Cognizance has been taken against the petitioner by the learned concerned Court. Petitioner undertakes to co-operate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the 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 learned J.M. 1st Class, Supaul in connection with Supaul P.S. Case No. 864 of 2022, subject to the conditions laid down in Section 438

Patna High Court CR. MISC. No.54493 of 2024(3) dt.26-10-2024 3/3

(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T