Dilip Shikari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66959 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- DEO District- Aurangabad ====================================================== Dilip Shikari Son of Late Ramdeni Shikari @ Ramdeni Choudhary Resident of Village - Kasiya Bhandari @ Pasiya Bhandari, P.S.- Deo, Distt - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-11-2019 Learned counsel for the petitioner is permitted to make correction in paragraph 5 of the bail application in course of the day as it is submitted that although in the order of the learned court below the date of custody has correctly been mentioned as 18.05.2019 but in paragraph no. 5 of the petition, as a result of typographical error the same has been mentioned as 25.08.2017.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 18.05.2019 has filed the instant application for grant of bail in connection with Deo P.S. Case No. 50 of 2019 (District Aurangabad) registered for the offence punishable under sections 341,147,148,149,323,435,427,387,171F and 124A of the Indian Penal Code and section 17 of the CL Act.

As per the allegation in the FIR, three poclain machines

Patna High Court CR. MISC. No.66959 of 2019(3) dt.20-11-2019 2/2 are said to have been burnt by the Naxalites. It is submitted by learned counsel for the petitioner that the only allegation against the petitioner is that he had shown the way to the naxals. Besides the petitioner there are 27 others named accused in the FIR who are alleged to have taken part in the occurrence.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, the petitioner being in custody since 18.05.2019 and that he has no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Deo P.S. Case No. 50 of 2019 (District Aurangabad).

(Partha Sarthy, J) Prakash/- U T