Ajay Dubey @ Ajay Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33696 of 2017 Arising Out of PS.Case No. -74 Year- 2017 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Ajay Dubey @ Ajay Kumar Dubey, son of Dwarika Dubey, resident of Village- Barachatti, P.S.- Barachatti, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-07-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Aurangabad (M) P.S.Case No.74 of 2017 registered for offences punishable under Sections 279, 337, 338, 353 and 34 of the Indian Penal Code.

Allegation against the petitioner, as per F.I.R., is that a truck was intercepted and while asking for papers a person following the truck in Sumo Vehicle misbehaved with the police personnel and claims himself to be owner of the truck. Submission of the learned counsel for the petitioner is that nothing specific has been alleged against the petitioner and the petitioner is not owner of the said truck, the truck is registered in the name of Sunil Kumar Dubey, as such there is nothing against the petitioner and he has been falsely implicated in this case.

Patna High Court Cr.Misc. No.33696 of 2017 (2) dt.20-07-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Aurangabad in connection with Aurangabad (M) P.S.Case No.74 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U