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Patna High CourtCR. MISC./3320/2023allowed

Sachin Dubey @ Sachin Kumar Dubey v. The State Of Bihar

2023-03-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3320 of 2023 Arising Out of PS. Case No.-507 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== Sachin Dubey @ Sachin Kumar Dubey S/O Tej Narayan Dubey @ Tejnarayan Dube R/O Village- Rulhi, P.S.- Majhauliya, Distt- West Champaran At Bettiah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379 and 34 of the Indian Penal Code. Allegation against the petitioner is that he along with other co-accused persons assaulted the informant on his head causing head injuries. It is further alleged that they have assaulted the son of the informant and snatched Rs. 50,000/- from the informant.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is case and counter case between the

Patna High Court CR. MISC. No.3320 of 2023(2) dt.29-03-2023 2/2 parties and both sides have sustained injuries. He further submits that after investigation the police has submitted final form against the petitioner but the learned court below differed the final form and took cognizance against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that the police has submitted final form against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Majhauliya P.S. Case No. 507 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T