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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8987 of 2019 Arising Out of PS. Case No.-205 Year-2018 Thana- BUXAR District- Buxar ====================================================== Babli Dubey @ Pradeep Kumar Dwivedi, S/o Priyabrat Dwivedi R/o- MohlBudhanpurwa, Kali Sthan, Ward No- 15, Wine Factory Ke Pass, Shivpuri, P.O- Buxar, P.S- Buxaar (Ind), Distt- Buxar.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. S.N.P. Sinha, Sr. Advocate Mr.Rajiv Ranjan Kr. Pandey, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Buxar (T) P.S. Case no. 205 of 2018, registered under Sections 147, 148, 149, 307, 427 and 120(B) of the Indian Penal Code and Section 25(1-b)a, 25(1)A, 26, 27 and 35 of the Arms Act.

The accusation is that on receiving secret information about gathering of the miscreants at the land of Nathuni Yadav in Budhanpurva ward No.16 and demolishing the house and boundry, the informant and other Police personnel reached there, then saw one JCB was engaged for cutting soil and some persons were present having arms in their

Patna High Court CR. MISC. No.8987 of 2019(3) dt.08-05-2019 2/3 hands. On the instruction of the informant, other Police officials made attempt to surround the miscreants, but they started fleeing, while three persons, namely, Brij Kishore Choubey @ Bantu Choubey, Ravi Kant Upadhyay @ Munna and Priyabart Dubey were apprehended with regular rifles and revolver. On inquiry, they did not produce any paper regarding the arms. They further disclosed the name of 15 persons, including the name of petitioner, who succeeded to flee away. Learned counsel for the petitioner submits that, in fact, petitioner is accused in 13 other cases, which details has been given in para-3 of the petition due to that reasons, the Police got managed to implicate the petitioner on the basis of confessional statements of three co-accused, who are said to be apprehended on the spot.

Having regard to the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in connection with Buxar (T) P.S. Case No. 205 of 2018 with condition that one of the sureties must be Government

Patna High Court CR. MISC. No.8987 of 2019(3) dt.08-05-2019 3/3 servant, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T