Sanjay Dubey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76354 of 2018 Arising Out of PS. Case No.-173 Year-2018 Thana- PIPRAKOTHI District- East Champaran ======================================================

1. Sanjay Dubey

2. Pappu Dubey

3. Ranjeet Dubey @ Ramjeet Dubey @ Ranjeet Kumar Dubey All Son of Yogina Dubey,

4. Yogina Dubey @ Jogina Dubey Son of Late Prakash Dubey All Resident of Village-Fulwariya, P.S.-Piprakothi, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-12-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are apprehending arrest in connection with Piprakothi P.S. Case No. 173 of 2018 for the offence under sections 147, 148, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code and section 27 of the Arms Act. Learned counsel for the petitioners submits that petitioners have no criminal antecedent.

From perusal of the FIR, it appears that there is allegation of assault against petitioner no.4. Considering the aforesaid, the Court is not inclined to grant privilege of bail to the petitioner no.4.However,

Patna High Court Cr.Misc. No.76354 of 2018(2) dt.19-12-2018 2/2 rejection of the application for anticipatory bail of the petitioner no.4 will not cause any prejudice. In the event, the petitioner no.4 surrenders before the court below and prays for regular bail, the court below is directed to dispose of the application for regular bail on the same day without being influenced by the refusal of granting anticipatory bail.

So far as petitioner nos. 1, 2 and 3 are concerned, there is no specific overt act alleged against them, the Court is inclined to grant bail, let the petitioner nos. 1, 2 and 3 namely, Sanjay Dubey, Pappu Dubey and Ranjeet Dubey @ Ramjeet Dubey @ Ranjeet Kumar Dubey in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Piprakothi P.S. Case No. 173 of 2018 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T