Vineet Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32968 of 2024 Arising Out of PS. Case No.-359 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== Vineet Dubey Son of Naval Dubey Resident of Village- Thikaha ,Bhawanipur, Police Station- Sangrampur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shrinath Manjhi, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sangrampur P.S. Case No. 359 of 2023 instituted for the offence under Sections 341, 323, 324, 307, 379, 504 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that co-accused persons, including the petitioner came at the house of the informant, variously armed, and assaulted the husband of the informant by means of farsa, causing head injury. It is also alleged that co-accused, Rajan Dubey committed theft of Rs. 75,000/-.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.32968 of 2024(2) dt.01-05-2024 2/3 that the petitioner is in custody since 21-03-2024. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no specific allegation attributed to the petitioner. There is general and omnibus allegation against the petitioner. So far as injury is concerned, it is opined to be caused by hard and blunt substance, which falsify the allegation. It is submitted that there is case and counter case between the parties. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sangrampur P.S. Case No. 359 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.32968 of 2024(2) dt.01-05-2024 3/3 family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T