Dilkhush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70795 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== 1.
Dilkhush Kumar Son Of Pappu Yadav Village- Dodhiyari W.No-3, PsMadhepura Dist- Madhepura 2.
Mankhush Kumar Son Of Pappu Yadav Village- Dodhiyari W.No-3, PsMadhepura Dist- Madhepura 3.
Deepak Kumar Son Of Sitaram Yadav Village- Dodhiyari W.No-3, PsMadhepura Dist- Madhepura 4.
Ashish Kumar Son Of Madan Yadav Village- Bhawanipur Ps- Singheshwar Dist- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad For the Opposite Party/s :
Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 307, 427, 379, 504, 506 of the Indian Penal Code.
3. As per the prosecution case, when the informant was coming from his village Basudeba to Madhepura by his four wheeler. On way, the unknown boys numbering in ten attacked over the vehicle of the informant and scuffled with him and they snatched away his wrist watch.
Patna High Court CR. MISC. No.70795 of 2023(2) dt.22-11-2023 2/3
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioners are not named in the F.I.R. rather the petitioners' name have been inserted in the present case on the basis of confessional statement of co-accused, Kundan Kumar, remanded in connection with Madhepura P.S. Case No. 33/2023. He further submits that no T.I. Parade has been held by the police till today. He also submits that nothing has been recovered from the conscious possession of the petitioners. Petitioners have one criminal antecedent as mentioned in para3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case and the fact that nothing has been recovered from the conscious possession of the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the
Patna High Court CR. MISC. No.70795 of 2023(2) dt.22-11-2023 3/3 like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Madhepura P.S. Case No.32 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T