Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14419 of 2015 Arising Out of PS.Case No. -531 Year- 2014 Thana -MANER District- PATNA ====================================================== Dilip Kumar son of Hulas Rai resident of village - Beyapur, Police Station - Maner, District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 01-06-2015 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 341, 504 and 302 of the Indian Penal Code. The allegation against the petitioner is to have abused and assaulted the deceased and Sanjeev Kumar @ Napali shot fire which caused death of the deceased. It is submitted on behalf of the petitioner that the allegation of firing is against the co-accused Sanjeev Kumar @ Nepali. The allegation against the petitioner comes under the purview of Section 323 of the Indian Penal Code. The post mortem report shows only one wound of entry and exit. There is no other kind of assault. The petitioner has no criminal antecedent. Learned counsel for the informant submits that the informant has made statement in para-4 of the case diary that petitioner, Ajit and Subodh had caught hold of

Patna High Court Cr.Misc. No.14419 of 2015 (3) dt.01-06-2015 2 / 2 the deceased and at the instance of Hulas Rai, Nepali shot fire. Other witnesses also supported the statement of the informant.

Considering the facts and circumstances of this case, the above-named petitioner is directed to 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 learned A.C. J. M., Danapur at Patna in Maner P.S. Case No. 531 of 2014 with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3. The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) sudip/- U T