Umesh Dubey v. The State Of Bihar

Patna High Court Cr.Misc. No.20434 of 2018 (2) dt.06-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20434 of 2018 Arising Out of PS.Case No. -264 Year- 2017 Thana -CHARPOKHARI District- BHOJPUR ====================================================== Umesh Dubey, son of Late Ramsunder Dubey, resident of Village Nagraon, PS Charpokhari, Disrict Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-04-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 16.2.2018, seeks bail in Charpokhari PS Case No. 264 of 2017 registered under Sections 341, 323, 324, 326, 307, 120B of the IPC and Section 27 of the Arms Act. The allegation in brief is that the informant's husband had gone along with co-villagers Bainkatesh Roy and Krishna Yadav to Piro, these two returned in the night and informed that Ritesh Kumar Dubey had shot at her husband and thrown him in a field.

Learned Counsel for the petitioner submits that the petitioner is not named in the FIR, Bainkatesh Roy and Krishna Yadav, the two persons who had gone with the informant's husband, said to be eye witnesses, have stated that Ritesh had shot at the informant's husband and has not named this petitioner, he has been implicated only for being father of Ritesh and the petitioner has no criminal antecedent except a case under Section 498A IPC. Having considered the said facts and circumstances, the petitioner, namely, Umesh Dubey is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM X, Bhojpur at Ara in connection with Charpokhari PS Case No. 264 of 2017.

(Arun Kumar, J) Snkumar/- U T