Dipu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82251 of 2024 Arising Out of PS. Case No.-249 Year-2023 Thana- BIHTA District- Patna ====================================================== Dipu Kumar Son of Late Kapildeo Yadav @ Late Kapil Ray Resident of village- Laxamanpur, Lachhmanpur, Kamla Gopalpur, P.S.- Bihta, DistrictPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and Mr. Rajendra Nath Jha, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 341, 342, 307, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution is that while the informant along with his brother was having meals, at that time, the petitioner along with others being armed with knife, pistol, lathi, danda and iron rod, arrived. Jitendra Kumar managed to escape
Patna High Court CR. MISC. No.82251 of 2024(4) dt.21-02-2025 2/3 and other family members also fled away. The informant and his brother Harendra Rai were being surrounded by the accused persons. It is alleged that one Chandan Kumar has made fire and assaulted the brother of the informant. The name of this petitioner has been arrayed as accused but there is no specific allegation against this petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. Similarly situated other co-accused person has been granted anticipatory bail by this Court vide order dated 05.12.2024 passed in Cr. Misc. No. 79948 of 2024. It is further submitted that the petitioner is languishing in judicial custody since 17.05.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bihta P.S. Case No. 249 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.82251 of 2024(4) dt.21-02-2025 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Class, Danapur.
(Ashok Kumar Pandey, J) Sudhanshu/- U T