Umakant Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42453 of 2014 Arising Out of PS.Case No. -173 Year- 2013 Thana -MADANPURA District- AURANGABAD ====================================================== Umakant Dubey son of Late Jagdish Dubey, resident of village - Jhumar Dihra, P.S. Barun, District - Aurangabad .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.43306 of 2014 Arising Out of PS.Case No. -173 Year- 2013 Thana -MADANPURA District- AURANGABAD ====================================================== Guddu Paswan @ Amarnath Kumar Son of Loknath Paswan Resident of Village-Lohani P.S.-Mufasil, District-Aurangabad. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.49151 of 2014 Arising Out of PS.Case No. -173 Year- 2013 Thana -MADANPURA District- AURANGABAD ====================================================== Jhabar Yadav @ Sanjeet Kumar @ Sanjeet Yadav Son of Ram Pravesh Singh Resident of Village - Sonath Bigha, P.O. Dalmiyanagar, P.S. - Dehari On Sone, District - Rohtas.

.... .... Petitioner

Versus

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

(In Cr.Misc. No.42453 of 2014) For the Petitioner : Mr. Bachan Jee Ojha, Advocate For the Opposite Party: APP (In Cr.Misc. No.43306 of 2014) For the Petitioner : Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party: APP (In Cr.Misc. No.49151 of 2014) For the Petitioner : Mr. Ravi Ranjan, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-02-2015 Heard both sides.

Patna High Court Cr.Misc. No.42453 of 2014 (3) dt.16-02-2015 2/3 Petitioners, namely, Uma Kant Dubey, Guddu Paswan @ Amarnath Kumar and Jhabar Yadav @ Sanjeet Kumar @ Sanjeet Yadav, seek bail in Madanpur P.S. Case No.173 of 2013, registered for the offences punishable under Sections 395, 397, 216 A, 412 and 120 B of the Indian Penal Code. The first information report is against unknown for looting cash of Rupees Forty three lakhs from the van of the Bank.

Learned counsel for the petitioners submits that Uma Kant Dubey was in jail on the date of occurrence, Guddu Paswan @ Amarnath Kumar was apprehended in another case from whose possession arms was recovered and Guddu Paswan is said to have confessed his guilt and disclosed the names of Uma Kant Dubey and Jhabar Ydav but nothing has been recovered from any of the petitioners. Petitioners were not put on test identification parade.

Considering the fact that except confessional statement, there is no material to show the involvement of the petitioners, Uma Kant Dubey, Guddu Paswan @ Amarnath Kumar and Jhabar Yadav @ Sanjeet Kumar @ Sanjeet Yadav, they are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the

Patna High Court Cr.Misc. No.42453 of 2014 (3) dt.16-02-2015 3/3 like amount each to the satisfaction of the learned Additional District Judge 5th, Aurangabad in Sessions Trial No.88A/2014 / 33/2014 arising out of Madanpur P.S. Case No.173 of 2013. (Prabhat Kumar Jha, J) B.T/- U T