Rabindra Nath Dubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26562 of 2023 Arising Out of PS. Case No.-439 Year-2022 Thana- SAHPUR District- Bhojpur ====================================================== RABINDRA NATH DUBEY SON OF LATE GOVIND SHARAN DUBEY RESIDENT OF VILLAGE - KARNAMEPUR, P.S. - SHAHPUR, DISTT. - BHOJPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Pathak, Adv.
For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with Shahpur (Karnamepur O.P.) P.S. Case No. 439 of 2022 registered under Sections 406, 420 and 424 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that the petitioner is the uncle of the informant. On 03.05.2016, a Panchnama was prepared between the parties and accordingly a bus was transferred in favour of the petitioner. Thereafter, the informant gave all papers of the said bus to the petitioner, as is
Patna High Court CR. MISC. No.26562 of 2023(2) dt.07-07-2023 2/2 evident from Annexure-2 to the bail petition. From perusal of Annexure-3, it appears that all the bank dues over the bus has been deposited by the petitioner. Learned counsel for the petitioner also submits that an agreement upon non-judicial stamp has also been signed by the informant regarding sale of the aforesaid bus (Annexure-4). The petitioner has got no criminal antecedent.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Shahpur (Karnamepur O.P.) P.S. Case No. 439 of 2022, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Arvind Srivastava, J) utkarsh/- U T