Amit Kumar Dubey @ Arnav Anand @ Amit Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19765 of 2022 Arising Out of PS. Case No.-606 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== AMIT KUMAR DUBEY @ ARNAV ANAND @ AMIT DUBEY S/o Vinod Dubey @ Vinay Dwivedi R/o Mohalla - Shantinagar, Hardiya Chowk, P.S. - Shikarpur, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State, Mr. Anuj Kumar Shrivastava.

The petitioner seeks regular bail in connection with Shikarpur P.S. Case No. 606/2021, registered for the offence punishable under Sections 341, 342, 323, 324, 307, 379, 384, 506 and 34 of the Indian Penal Code.

The allegation is regarding the accused persons having arrived at the place of occurrence on the alleged date and time of occurrence, whereafter they had demanded extortion money from the informant and on refusal to pay the

Patna High Court CR. MISC. No.19765 of 2022(3) dt.03-01-2023 2/3 same, the petitioner had given a knife blow on the person of the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 28.1.2022. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in two other cases, but he is on bail in both the said two cases. It is further submitted that admittedly, the injuries, sustained by the informant, are simple in nature and the incident had occurred on account of altercation having taken place amongst the parties due to the petitioner and his friends having overtaken the informant and his friends while both the parties were riding on their respective motorcycles.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the

Patna High Court CR. MISC. No.19765 of 2022(3) dt.03-01-2023 3/3 petitioner and taking into account the materials available on record as also considering the materials available in the case diary, this Court finds that the injuries, sustained by the informant, are simple in nature, apart from the fact that the petitioner is languishing in custody since about one year, hence, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 606 of 2021.

(Mohit Kumar Shah, J) Ajay/- U T