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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62283 of 2024 Arising Out of PS. Case No.-347 Year-2023 Thana- RIVILGANJ District- Saran ====================================================== Dilkhush Kumar Singh @ Dilkhush kumar son of Late Gajendra Singh Resident of Village- Nawada, P.S - Rivilganj, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate.

For the Opposite Party/s :

Ms. Sharda Kumari, APP.

For the Informant :

Mr. Dewendra Narayan Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Rivilganj P.S. Case No.347 of 2023 for the offences registered under Sections 341, 323, 324, 307 of the Indian Penal Code and under Section 27/35 of the Arms Act.

3. As per the prosecution case, on 20.11.2023 at 9.00 a.m. in the morning all the named accused persons alongwith petitioner were illegally encircling the land of the informant. When the informant went there to stop them then scuffle started, thereafter petitioner fired a shot by revolver on the temporal region of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that there is case and counter case between the parties for the same occurrence. Learned counsel submits that in

Patna High Court CR. MISC. No.62283 of 2024(3) dt.22-03-2025 2/2 the counter case, father of the petitioner was killed by fire arm injury inflicted by the brother of the informant. He further submits that there is admitted land dispute between the parties. Petitioner has one criminal antecedent.

5. Learned counsel appearing on behalf of the State assisted with learned counsel for the informant oppose the prayer for grant of bail to the petitioner and submits that there is direct allegation against the petitioner that he had fired a shot by revolver on the head of the informant. He further submits that informant was firstly treated at Sadar Hospital, Chhapra and thereafter he was referred to P.M.C.H., Patna where he was treated. Learned counsel submits that the medical report prima-facie supports the injury on the victim and in the case diary also the witnesses have supported the prosecution case.

6. Considering the fact and circumstances of the case, submissions made on behalf of the parties and serious allegation against the petitioner corroborated by material on record, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for grant of anticipatory bail of petitioner is rejected in connection with Rivilganj P.S. Case No.347 of 2023. (Sunil Dutta Mishra, J) Ritik/- U T