Krishna Dubay @ Krishnadev Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8408 of 2019 Arising Out of PS. Case No.-14 Year-2018 Thana- BUXAR District- Buxar ====================================================== KRISHNA DUBAY @ KRISHNADEV DUBEY S/o Jagdamba Dubey Resident of Village- Virkuwar Singh Colony, Buxar P.S.-Buxar(T), District Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-02-2019 Heard both sides.

The petitioner apprehends his arrest in Buxar (Town) P.S. Case No.14 of 2018 registered under Section 307 and other Sections of the Indian Penal Code and under Section 3 of Protection of Damage to Public Property Act.

The informant alleged that one boy was knocked down by a vehicle near D.A.V. school and for that, a mob assembled near the place of accident. The police went there and found that the mob assaulted one person and also set ablaze the vehicle.

The learned counsel for the petitioner submits that for the same occurrence, Buxar (Town) P.S. Case No.20 of 2018 was registered under the same offences but vide order dated

Patna High Court Cr.Misc. No.8408 of 2019(2) dt.13-02-2019 2/2 01.11.2018, Buxar (Town) P.S. Case No.20 of 2018 was amalgamated with Buxar (Town) P.S. Case No.14 of 2018. It is submitted that on the date of occurrence, the petitioner was furnishing the bail bond in Buxar (Town) P.S. Case No.594 of 2017 but the police named the petitioner as one of the members of the mob. It is submitted that many villagers had assembled on account of death of a boy in a motor accident and caught a person in the crowd but the petitioner was not present as he was furnishing bail bond in the Court at the time of occurrence.

Considering the aforesaid facts and nature of allegation made against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P.S. Case No.14 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.