Awadh Bihari Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1169 of 2019 Arising Out of PS. Case No.-201 Year-2018 Thana- NAWANAGAR District- Buxar ====================================================== Awadh Bihari Dubey son of late Ram Chhabila Dubey resident of village Kadsar, P.O. Kadsar, PS. Nawanagar(Sonbarsa), District Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Atal Bihari Pandey For the Opposite Party/s :

Mr.Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Nawanagar (Sonbarsa) P.S. Case No. 201 of 2018 registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code. Allegation against petitioner is of being the order giver. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. There is no specific allegation of firing against the petitioner. Petitioner is an old aged person of about 62 years. Petitoner is in custody since 24.10.2018.

Learned counsel for the Informant vehemently opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court Cr.Misc. No.1169 of 2019(3) dt.16-01-2019 2/2 furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Nawanagar (Sonbarsa) P.S. Case No. 201 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U