Patna High CourtCR. MISC./22359/2019allowed

Ashwani Dubey @ Golu Dubey v. The State Of Bihar

2019-04-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22359 of 2019 Arising Out of PS. Case No.-790 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== ASHWANI DUBEY @ GOLU DUBEY Sn of Ajay Kumar Dubey Resident of Village - Gandhi Nagar, Road No.02, Kholua, Bairia, P.S.- Ahiyapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Ranjan For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Town P.S. Case No. 790 of 2018 for the offenses under Sections 188, 414, 34 of the Indian Penal Code and Section 42 of the Prisoners Act,1984.

Learned counsel for the petitioner submits that petitioner has been made accused in this case only because of his antecedent. He submits that once a person is made accused in another case the police used to implicate him in the subsequent case when it does not get any clue in connection with the crime. The petitioner is in custody on remand since 22.11.2018.

Patna High Court CR. MISC. No.22359 of 2019(2) dt.09-04-2019 2/2 The allegation against this petitioner is that he has kept one mobile inside the toilet of the jail. Considering the fact that the mobile was recovered from the toilet of the jail and only on that account the petitioner has been remanded in this case, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, East Champaran, Motihari in connection with Town P.S. Case No. 790 of 2018.

(Anil Kumar Upadhyay, J) spandey/- U