Shobh Nath Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36717 of 2022 Arising Out of PS. Case No.-151 Year-2021 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.

Shobh Nath Dubey Son of Ganga Prasad Dubey Resident of VillageDurgapur, P.S.- Dehri (M) , district- Rohtas 2.

Uttam Kumar Dubey @ Uttam Kumar Gautam Son of Sobh Nath Dubey Resident of Village- Durgapur, P.S.- Dehri (M) District- Rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 60782 of 2022 Arising Out of PS. Case No.-151 Year-2021 Thana- DEHRI TOWN District- Rohtas ====================================================== Mridul Kumar Dubey @ Mirdul Kumar Son Of Shobhnath Dubey R/O Village- Durgapur, P.S.- Dehri (Muff.), Distt.- Rohtas, Bihar ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 36717 of 2022) For the Petitioner/s :

Mr.Kamla Kant Pandey For the Opposite Party/s :

Mr.Pradeep Narain Kumar (In CRIMINAL MISCELLANEOUS No. 60782 of 2022) For the Petitioner/s :

Mr.Shivnandan Bharti For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Dehri (M) P.S. Case no. 151 of 2021 instituted for the

Patna High Court CR. MISC. No.36717 of 2022(2) dt.06-12-2022 2/3 offence punishable under Sections 341, 323, 324, 325, 326, 327, 504, 506,34 of the Indian Penal Code.

It is a case of assaulting to the informant by the petitioner along with other co-accused persons due to which he sustained injuries.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. There is a land dispute going on between the petitioners and the informant family members due to which they have falsely been made accused in this case. The petitioners and the informant are covillagers. It is further submitted that all injuries sustained by informant are simple in nature except injury no. 1. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Dehri (M) P.S. Case no. 151 of 2021, they will be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.36717 of 2022(2) dt.06-12-2022 3/3 Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial MagistrateIst Class, Dehri-on-Sone subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) shivani/- U T