Dilkash Khan @ Md. Dilkash Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70414 of 2024 Arising Out of PS. Case No.-66 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== Dilkash Khan @ Md. Dilkash Khan S/o- Farid Khan @ Md. Fareed Khan Village- Koily Ps- Nanpur Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.
3. As per prosecution case, informant had a land dispute with Mustaque Khan & others and a case was also going on between the parties due to which they were pressurizing informant's father to compromise the case. It is alleged that on 14.2.2022 at about 5.00 pm, all the accused persons came at the door of informant and told him to compromise the case and thereafter they started abusing him. It is further alleged that coaccused Ahnaj Khan inflicted lathi blow on the head of informant and co-accused Ajad Khan assaulted him by bricks on his head. When informant's brother came to rescue, then co-
Patna High Court CR. MISC. No.70414 of 2024(3) dt.07-02-2025 2/2 accused Asif Khan inflicted sword blow upon his head and again he inflicted sword blow upon back side of his head due to which informant's brother sustained injury. The accused persons also assaulted assaulted Kamare Alam with brick and iron rod.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. Petitioner is not named in the FIR. His name transpired during course of investigation. No specific over-act has been alleged against this petitioner. Police after thorough investigation submitted charge-sheet. Petitioner is in custody since 22.07.2024. Petitioner has got clean antecedent.
5. Learned A.P.P. appearing on behalf of the State opposed the prayer for bail.
6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner 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 Chief Judicial Magistrate, Sitamarhi, in connection with Nanpur P.S. Case No. 66 of 2022. (Prabhat Kumar Singh, J) utkarsh/- U T