Rama Shankar Dubey v. The State Of Bihar
Patna High Court Cr.Misc. No.33812 of 2014 (2) dt.04-02-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33812 of 2014 Arising Out of PS.Case No. -53 Year- 2013 Thana -MEHANDIA District- JEHANABAD ====================================================== Rama Shankar Dubey Son of Awadhesh Dubey Resident of Village-Ojha Bigha, P.S.-Kaler, District-Arwal .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 04-02-2015 Heard learned counsel for the petitioner. No one appears for the State.
The petitioner prays for anticipatory bail in a case registered under Section 392 of the Indian Penal Code. Learned counsel for the petitioner submits that the first information report was registered by the informant against three unknown persons.
It is submitted that the petitioner's name has cropped up on the basis of statements of certain witnesses during the course of investigation.
It is further submitted that due to political rivalry, the petitioner has been falsely implicated for looting away the cash of Rs.1,05,000/-, as the wife of the petitioner is a Member of Zila Parishad of the area in question and the informant belongs to the adjoining village which forms part of the constituency of the wife of the petitioner, who was thus well known to the informant and
Patna High Court Cr.Misc. No.33812 of 2014 (2) dt.04-02-2015 would have been named in the F.I.R. had he participated in the crime.
It is admitted by learned counsel for the petitioner that the petitioner is an accused in another case under Sections 399 and 402 of the Indian Penal Code which also he claims is on account of political rivalry.
Learned counsel for the petitioner further informs that one of the co-accused, Dharmbir Yadav, has been granted anticipatory bail by order dated 12.11.2014 passed in Cr. Misc. No.26503 of 2014 and another co-accused, namely, Anil Yadav, has also been granted bail by order dated 9.10.2013 passed in Cr. Misc. No.39715 of 2013.
On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Rama Shankar Dubey, in the event of his arrest or surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each in connection with Mehandia P.S. Case No.53 of 2013 to the satisfaction of the S.D.J.M., Jehanabad, subject to the same conditions as have been laid down by the order dated 12.11.2014 passed in Cr. Misc. No.26503 of 2014. V.P.Sinha/- (Ramesh Kumar Datta, J) U