Dilkhush Kumar @ Dilkhush Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72382 of 2022 Arising Out of PS. Case No.-412 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Dilkhush Kumar @ Dilkhush Singh S/O Chhatis Singh R/V- Pansala, P.S.- Begusarai Muffasil (Lakho O.P.) District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh Ms. Divya Bharti For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Begusarai Muffasil P.S. Case No. 412 of 2022 registered under sections 147, 341, 323 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case in short, is that, when the informant along with his brother were cutting grass in their field, in the meantime, the co-accused persons including this petitioner asked them that they damaged their crops and on denial by them, they abused and assaulted the informant as well as his brother by means of legs and fists. The petitioner caught hold

Patna High Court CR. MISC. No.72382 of 2022(2) dt.18-03-2023 2/3 the informant and threw him on the ground and when tried to flee away then other co-accused persons fired upon the informant due to which he sustained injury and his treatment is going on.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. It is further submitted that there is no specific allegation of opening fire against the petitioner rather the firing was made from other co-accused persons. As alleged, the petitioner got hold the informant and threw the informant on the ground and except that nothing specific allegation came against the petitioner rather general and omnibus allegation has been levelled against him. He is languishing in judicial custody since 12.09.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Begusarai Muffasil P.S. Case No. 412 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.72382 of 2022(2) dt.18-03-2023 3/3 Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai.

(Sunil Kumar Panwar, J) shubham/- U T