Alok Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26712 of 2020 Arising Out of PS. Case No.-69 Year-2019 Thana- SUGAULI RAIL P.S. District- West Champaran ====================================================== ALOK DUBEY Son of Late Ramjee Dubey Resident of Village- Kurwa Mathia, Police Station- Chanpatia (Kumarbagh O.P.), District- West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sachida Nand Rai, Advocate.

For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-01-2021 This matter has been taken up in virtual court. Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 307, 323, 379 and 504 of the Indian Penal Code and Section 27 of the Arms Act and Sections 147 and 154 of the Railway Act.

For the occurrence of the same day, three to four F.I.Rs. were registered on the statement of different informant. Petitioner has no other criminal antecedent than the cases registered on the same day. Allegation against the petitioner is that he snatched cash from the pocket of the informant and fired from his pistol, however no injury was caused to anyone.

Patna High Court CR. MISC. No.26712 of 2020(3) dt.15-01-2021 2/3 Other accused persons allegedly committed assault with the butt of their gun or whatever arms they were carrying. Submission is that petitioner is a labour and informant is also a labour and for their personal dispute the petitioner has been named. In fact, two groups have rivalry over capturing the work of the Railway. One of the group is headed by co-accused Pramod Singh and another by Sanjay Mishra.

Considering the submission aforesaid and nature of allegation against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Rail Sugauli (Bettiah) P.S. Case No. 69 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the

Patna High Court CR. MISC. No.26712 of 2020(3) dt.15-01-2021 3/3 investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T