Patna High CourtCR. MISC./9879/2019dismissed

Babli Dubey @ Pradeep Kumar Dwivedi v. The State Of Bihar

2019-02-19Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9879 of 2019 Arising Out of PS. Case No.-204 Year-2018 Thana- BUXAR District- Buxar ====================================================== Babli Dubey @ Pradeep Kumar Dwivedi Son of Sri Priyabrat Dwivedi Resident of Village- Mohl- Budhanpurwa, Kali Sthan, Ward No.- 15, Wine Factory ke Pass, Shivpuri, P.O.- Buxar, P.S.- Buxar (Ind), Distt- Buxar, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Narayan Sinha, Sr. Adv.

Mr.Rajiv Ranjan Kr. Pandey, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-02-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Buxar (T) P.S. Case No. 204/2018 dated 21.04.2018 instituted for the offence under Sections 147, 148, 149, 323, 504, 354, 379, 380, 307, 386, 447 and 448 of the Indian Penal Code and section 27 of the Arms Act.

Though the allegations in the First Information Report are absolutely general and omnibus and nothing specific has been attributed against the petitioner, but I am not inclined to grant anticipatory bail to the

Patna High Court Cr.Misc. No.9879 of 2019(2) dt.19-02-2019 2/2 petitioner only for the reason that he has been made accused, up till now, in as many as 13 cases. The learned counsel for the petitioner has submitted that in all the cases, the petitioner is on bail and in three of such listed cases, the petitioner stands acquitted after a full fledged trial.

Be that as it may, the prayer for anticipatory bail is rejected. However If the petitioner surrenders before the court below and seeks bail, the court below shall look into the allegation against the petitioner, the reason for his false implication in series of cases; his being on bail in all such cases and thereafter shall pass orders in accordance with law, keeping in mind that other accused persons with similar allegation are enjoying the privilege of bail, without being prejudiced with the fact that present petition has not been entertained.

(Ashutosh Kumar, J) vinita/- U