Dilip Kumar @ Dilip Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81454 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- SURYAGARHA District- Lakhisarai ====================================================== Dilip Kumar @ Dilip Singh Son of Bhola Singh RO Village- Rampur P.S.- Surajgarh, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Suryagarha Police Station Case No. 22 of 2024, dated 12.02.2024 disclosing offences under Sections 147, 148, 149, 307, 427, 379 325, 323, 504, 506 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 11.01.2024, while the informant along with his sister-in-law was returning on scorpio vehicle towards his home and no sooner than they reached near Rampur Shahid Dwar, the accused persons stopped the vehicle of the informant and started demanding Rs. 10,000/- as extortion and upon refusal, the accused persons dragged

Patna High Court CR. MISC. No.81454 of 2024(3) dt.06-12-2024 2/3 the informant out of his vehicle and started assaulting him due to which his hand got fractured. Other accused persons damaged the vehicle of the informant causing loss of Rs. 1 lakh and a gold chain was also snatched from the informant by them.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to village rivalry regarding the passage for tractor loaded with sand. He next submits that allegation against the petitioner is general and omnibus in nature and no specific allegation of assault is there against the petitioner. He next submits that injury report of the informant is showing swelling over right shoulder and the doctor found the injury to be simple in nature caused by hard and blunt substance. He further submits that seven similarly situated co-accused persons have been granted bail by this Court in Cr. Misc. No. 38375 of 2024 and Cr. Misc. No. 68692 of 2024.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that similarly situated co-accused persons have been granted bail by this Court, I am inclined to grant the petitioner privilege of

Patna High Court CR. MISC. No.81454 of 2024(3) dt.06-12-2024 3/3 anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Suryagarha Police Station Case No. 22 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T