Dilkhush Kumar @ Dilkhush Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10714 of 2018 ======================================================

1. Dilkhush Kumar @ Dilkhush Chauhan S/o Sikendra Chauhan, R/o Village- Budhabe, Ward No. 15, P.S.- Singheshwar , District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2018 The petitioner is apprehending his arrest in connection with Singheshwar P.S. Case No. 233 of 2017, registered for offences punishable under Sections 307 and 353 of the Indian Penal Code and Sections 25(1-b)A, 26, 35 and 27 of the Arms Act. Allegation against as per F.I.R is that police apprehended co-accused persons, from whom two live .315 bore and two mobiles were recovered and they disclosed the name of the petitioner.

It has been submitted on behalf of the petitioner that petitioner's name has name surfaced in this case only on the disclosure of the co-accused persons and nothing has been recovered from the possession of the petitioner and though he is an accused in four other cases but in all those cases, he is on bail. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also the fact that there is no recovery from the possession of the petitioner, let the petitioner

Patna High Court Cr.Misc. No.10714 of 2018 (2) dt.27-02-2018 2/2 above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Madhepura, in connection with Singheshwar P.S. Case No. 233 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, this is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part two appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T