Dilip Kumar @ Sibu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71667 of 2019 Arising Out of PS. Case No.-107 Year-2019 Thana- PALIGANJ District- Patna ====================================================== DILIP KUMAR @ SIBU Son of Preman Kumar Resident of Village and P.O.- Mahabalipur, P.S.- Paliganj, District - Patna ... Petitioner

Versus

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

For the Petitioner :

Mr.Sunil Kumar Singh, Advocate For the Opposite Party :

Mr.Md. Matloob Rab, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under section 307 of the Indian Penal Code as well as under the Arms Act.

Learned counsel for the petitioner submits that there is case and counter case and the incident took place for getting dominance over the Balu Ghat. Allegation against the petitioner is general and omnibus. Similarly situated co-accused Tutu Kumar and Pintu Kumar have already been allowed pre arrest bail by a bench of this Court vide order dated 18.10.2019, passed in Cr.Mis.No. 63960 of 2019.

Learned counsel for the State opposes the prayer for bail.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Danapur in Paliganj Police Station Case No. 107 of

Patna High Court CR. MISC. No.71667 of 2019(2) dt.20-11-2019 2/2 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T