Dinesh Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22134 of 2024 Arising Out of PS. Case No.-381 Year-2023 Thana- DUMRAO District- Buxar ====================================================== Dinesh Dubey SON OF Gupteshwar Dubey Resident Of Village And PoLakhndehra, Ps- Dumraon, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Pathak, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned APP for the State and perusing the case diary.

2.

The petitioner seeks bail in connection with Dumraon P.S. Case No. 381 of 2023 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 504 & 506 of the Indian Penal Code and Section 27 of the Arms Act. 3.

Prosecution case in short is that when the informant was going to the field at Ariaon then the accused persons started abusing and on objection, accused persons assaulted the informant and threatened to kill him. It is further alleged that all the accused persons then came to the house of the informant and started assaulting and the petitioner has fired upon the head of

Patna High Court CR. MISC. No.22134 of 2024(3) dt.06-05-2024 2/3 the brother of the informant.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.12.2023. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is case and counter case between the parties. It is submitted that from perusal of the injury report, it would reveal that it is caused due to hard and blunt substance and is grievous in nature, which falsify the allegation levelled in the FIR. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and there being case and counter case between the parties, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.22134 of 2024(3) dt.06-05-2024 3/3 Court below/concerned Court in connection with Dumraon P.S. Case No. 381 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T