Priyanshu Kumar Dubey @ Azad Dubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18056 of 2023 Arising Out of PS. Case No.-822 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== PRIYANSHU KUMAR DUBEY @ AZAD DUBEY Son of Brijmohan Dubey R/V- Dhankutwa, P.S- Majhaulia, Dist- West champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anant Kumar Mishra For the Opposite Party/s :
Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 448, 341, 323, 324, 379, 307, 504 and 506/34 of the Indian Penal Code pending in the learned court below.
As per the prosecution case, petitioner along with other co-accused persons armed with deadly weapons came at the door of the informant and assaulted him and his family members.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that after investigation the police has submitted charge-sheet under the bailable sections of the Indian
Patna High Court CR. MISC. No.18056 of 2023(3) dt.06-07-2023 2/2 Penal Code, but the learned Court below took cognizance under Section 307 and other Sections of the Indian Penal Code. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Majhauliya P.S. Case No.822/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T