Patna High CourtCR. MISC./61100/2023allowed

Dilkhush Yadav @ Dilkhus v. The State Of Bihar

2023-09-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61100 of 2023 Arising Out of PS. Case No.-625 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== DILKHUSH YADAV @ DILKHUS Son of Vijay Yadav R/o vill - Dimaha, P.S. - Gopalpur, Distt. - Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlesh Kumar Pathak For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner is of committing murder of brother of the informant along with other named co-accused persons by causing firearm injuries, where occurrence arises out of long-standing previous enmities.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR. He submitted that save and except suspicion, no cogent evidence has come against the petitioner.

Patna High Court CR. MISC. No.61100 of 2023(2) dt.18-09-2023 2/2 No incriminating article has been recovered from the conscious possession of the petitioner. On the basis of suspicion and due to his criminal antecedents, he has implicated in the present case. He is languishing in judicial custody since 26.12.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Gopalpur P.S. Case No. 625 of 2022.

(Sunil Kumar Panwar, J) arish/- U