Sunil Kumar Dubey v. The State Of Bihar

Patna High Court Cr.Misc. No.4673 of 2016 (3) dt.28-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4673 of 2016 Arising Out of PS.Case No. -470 Year- 2013 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Sunil Kumar Dubey, son of Hari Mohan Dubey, resident of New Area, Dehri, P.S.- Dehri Town, District- Rohtas (Sasaram) .... .... Petitioner

Versus

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

For the Petitioner : Mr. Radha Mohan Pandey, Advocate. For the Opposite Party : Mr. Anuj Kumar Srivastava (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-04-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Dehri Town P.S. Case No. 470/2013 (G.R. No.865 of 2013) registered for the offences punishable under Sections 467, 468, 471 and 420 of the Indian Penal Code. The case diary in the present case was called for which has since been received.

Learned counsel for the petitioner submits that the present case is one of the pure victimizations as the entrustment of the records, alleged to have been removed by the petitioner was never given to him. In fact, it was the informant, who was alone responsible for the said records. The learned counsel for the

Patna High Court Cr.Misc. No.4673 of 2016 (3) dt.28-04-2016 petitioner further submits that the petitioner was earlier terminated from service and the charges, which formed the basis of said order of termination did not include these charges. It is further submitted that the records reveal that in fact, it was the informant Krishnadeo Paswan, who was custodian of the aforementioned records. Learned counsel appearing on behalf of the State after perusal of the case diary submits that during the course of investigation, it has emerged that said Krishnadeo Paswan was the custodian of the records and not this petitioner.

In view of the aforementioned facts and circumstances, let the petitioner above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Dehri, Rohtas, in connection with Dehri Town P.S. Case No. 470/2013 (G.R. No. 865 of 2013) subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J.) Amit/- U T