Bablu Dubey @ Mithilesh Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15158 of 2016 Arising Out of PS.Case No. -331 Year- 2014 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bablu Dubey @ Mithilesh Dubey son of Late Maheshwar Dubey resident of village - Siswa Khadar, P.S. - Kalyanpur, District - East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Chhatauni P.S. Case No.331 of 2014 registered for the offences punishable under Sections 302, 307, 34 of the Indian Penal Code, Section 27 of the Arms Act.

The petitioner is not named in the first information report. From perusal of the impugned order it reveals that the name of the petitioner transpires in the confessional statement of co-accused Abhishek Kumar, and further on earlier co-accused Bhola Kumar has also confessed his guilt.

Submission is of false implication and that

Patna High Court Cr.Misc. No.15158 of 2016 (3) dt.19-05-2016 2/3 F.I.R.named accused Brajesh Mishra has already been allowed pre-arrest bail vide Cr.Misc.No.34869 of 2015 by another coordinate Bench of this Court and further Abhishek Kumar Singh @ Abhishek Kumar Singh and Bhola Kumar have also been allowed regular bail by another coordinate Bench of this Court and further co-accused Ram Singh @ Vijay Singh has also been allowed regular bail and the petitioner only on the ground that he has criminal antecedent is suffering in custody since 17.3.2015. Learned A.P.P. opposes the prayer for bail but fairly submits that there is confessional statement of co-accused and criminal antecedent against the petitioner.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned 9th Additional Sessions Judge, East Champaran at Motihari in Sessions Trial No.42 of 2016 arising out of Chhatauni P.S. Case No.331 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part

Patna High Court Cr.Misc. No.15158 of 2016 (3) dt.19-05-2016 3/3 without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) AnilKrSinha/- U T