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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47232 of 2024 Arising Out of PS. Case No.-50 Year-2022 Thana- RAJIVNAGAR District- Patna ====================================================== Deepak Kumar Dubey @ Deepak Dubey SON OF LATE MURARI MOHAN DUBEY RESIDENT OF MOHALLA - CHANRA VIHAR COLONY (NEPALI NAGAR) NEAR ASHIYNA DIGHA ROAD, P.S - RAJIV NAGAR, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Rajiv Nagar P.S. Case No. 50 of 2022 registered for the offences punishable under Sections 420, 467, 468, 470, 471, 34 of the Indian Penal Code and Section 3 of Prevention of Damage to Public Property Act.

3. As per prosecution case, petitioner and others were pursuing the construction work over the Government land.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. He further submits that petitioner bears criminal antecedent of 16 cases. He further submits that no incriminating

Patna High Court CR. MISC. No.47232 of 2024(2) dt.16-07-2024 2/2 article has been recovered from possession of the petitioner. He further submits that petitioner is not claimant / owner of the alleged plot and he is also not involved in the construction work over the said land.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner and submits that petitioner bears criminal antecedent of 16 cases in which some of the cases are of similar nature.

6. Considering the facts and circumstances of the case, criminal antecedent of petitioner and material available on record, I am not inclined to grant privilege of anticipatory bail to petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is, hereby, rejected.

7. However, petitioner is directed to surrender before the concerned court within six weeks from today and if petitioner does so and seeks regular bail, the concerned court may pass appropriate order on the day of hearing without being prejudiced by this order.

(Alok Kumar Pandey, J) alok/- U T