Gyan Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30646 of 2021 Arising Out of PS. Case No.-291 Year-2020 Thana- BUXAR MUFFSIL District- Buxar ====================================================== GYAN DUBEY S/o Abhimanyu Debey Resident of Village- Civil Line Area, P.S.- Nagar, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. A. N. Verma, Mr. Ashwini Kumar Rai, Advocates For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-12-2021 Heard Mr. A. N. Verma, learned counsel for the petitioner and Mr. Shailendra Kumar Singh, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Buxar Mufassil PS Case No. 291/2020 registered for the offence punishable under Section 302/34 of the IPC.

In the First Information Report a suspicion has been raised against the petitioner that he along with one Banti Kumar Jaiswal has committed murder of son of the informant. The dead body of the son of the informant was found lying near Hanuman Nagar locality.

Learned counsel for the petitioner submits that there is no specific allegation against the petitioner and he has been made accused in this case mainly on the basis of suspicion. He

Patna High Court CR. MISC. No.30646 of 2021(3) dt.09-12-2021 2/3 next submits that the petitioner is in custody since 04.12.2020 and similarly situated co-accused, Banti Kumar Jaiswal has been granted bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 28798 of 2021.

Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is in custody since 04.12.2020, charge-sheet in the matter has already been submitted and similarly situated co-accused, Banti Kumar Jaiswal has been granted bail by a Co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, GYAN DUBEY be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar Mufassil PS Case No. 291/2020 subject to the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.30646 of 2021(3) dt.09-12-2021 3/3

(2) If the petitioner tampers with the evidences or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Anil Kumar Sinha, J) perwez U T