Sudhir Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15613 of 2023 Arising Out of PS. Case No.-720 Year-2022 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Sudhir Dubey, Son of Prabhunath Dubey R/V- Agni, P.S- Daudnagar DistAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 307/34 of the Indian Penal Code and Section 27 of Arms Act. The prosecution case, in brief, is that while the informant's sister was going to attend the coaching institute, in the way three persons riding over bike namely Mohit Shukla, Sunil Mishra & Sudhir Dubey(Petitioner) and other 3-4 unidentified persons fired bullet on her due to which she sustained gunshot injuries in her ribs. The miscreants fired second bullet in air and fled away from the place of occurrence. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.15613 of 2023(3) dt.23-06-2023 2/2 falsely been implicated in this case. There is no specific allegation of any firing/assault has been levelled against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. During investigation, the injured in her statement has not named the petitioner as a culprit, who is the only eye witness of alleged occurrence. It is further submitted that the petitioner is languishing in judicial custody since 16.11.2022. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Aurangabad (Town) P.S. Case No. 720 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad. (Sunil Kumar Panwar, J) lata/- U T