Bhichhu Dubey @ Bhikshu Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17916 of 2020 Arising Out of PS. Case No.-147 Year-2019 Thana- CHOUTARWA District- West Champaran ====================================================== 1.

BHICHHU DUBEY @ BHIKSHU DUBEY S/o Late Dayal Dubey Resident of Village- Bariarawa Salaha, P.S.- Choutarwa, Distt- West Champaran 2.

Ranjeet Kumar @ Pintu Dubey @ Ranjeet Kumar Dubey S/o Bhichhu Dubey @ Bhikshu Dubey Resident of Village- Bariarawa Salaha, P.S.- Choutarwa, Distt- West Champaran 3.

Sudhir Kumar @ Guddu @ Sudhir Dubey @ @ Sudhir Kumar Dubey S/o Bhichhu Dubey @ Bhikshu Dubey Resident of Village- Bariarawa Salaha, P.S.- Choutarwa, Distt- West Champaran 4.

Madho Dubey @ Madhav Dubey S/o Late Krishna Dubey Resident of Village- Bariarawa Salaha, P.S.- Choutarwa, Distt- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Milind Kumar Mishra, Advocate For the State :

Mr.Prem Kumar Jha, APP For the informant :

Mr.Ravi Shankar Sahay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 323, 307, 341, 447, 506, 379/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.17916 of 2020(2) dt.14-07-2020 2/3 Allegation is that the accused persons including the petitioner assaulted the informant and his son with iron rod, due to which they sustained injuries on their head. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The nature of injury is said to be simple. Hence, no offence under Section 307 of I.P.C. is made out. On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of Additional Chief Judicial Magistrate IV, Bagaha, West Champaran in connection with Choutarwa P.S. case No.147 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.17916 of 2020(2) dt.14-07-2020 3/3 two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T