Rajendra Dubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22294 of 2025 Arising Out of PS. Case No.-29 Year-2023 Thana- SISWAN District- Siwan ====================================================== Rajendra Dubey, Son of Late Mayan Dubey, Resident of Village - Noniyapatti, P.S. - Siswan, District - Siwan ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Ms. Dipti Divya, Advocate For the State :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Siswan P.S. Case No. 29 of 2023, dated 03.02.2023, registered for the offences punishable under Sections 341, 342, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.
3. As per allegation, the petitioner along with other co-accused assaulted the informant, side causing grievous injury on the head.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that as a matter of fact, there was altercation on account of love marriage between the petitioner
Patna High Court CR. MISC. No.22294 of 2025(2) dt.30-04-2025 2/3 and the daughter of the informant leading to altercation between two sides, in which, both sides received grievous injuries on head. He also submits that similarly situated co-accused persons have already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 17.08.2023 passed in Cr. Misc. 25790 of 2023.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has moved this Court earlier for anticipatory bail.
6. It has further been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the case and counter case as well as injuries on both sides, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court below, in connection with Siswan P.S. Case No. 29 of 2023, subject to the conditions
Patna High Court CR. MISC. No.22294 of 2025(2) dt.30-04-2025 3/3 as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Ramesh, S.Ali/- U T