Harshit Kumar Dubey @ Shubham Dubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.232 of 2021 Arising Out of PS. Case No.-162 Year-2020 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.
HARSHIT KUMAR DUBEY @ SHUBHAM DUBEY S/o Sunil Dubey Resident of Village-Chandanpura, P.S.-Sheosagar, District-Rohtas 2.
PRABHAKAR DUBEY S/o Shivshankar Dubey Resident of VillageChandanpura, P.S.-Sheosagar, District-Rohtas 3.
MANISH DUBEY @ MANISH KUMAR DUBEY S/o Late Madan Dubey Resident of Village-Chandanpura, P.S.-Sheosagar, District-Rohtas 4.
SUNIL DUBEY @ SUNIL KUMAR DUBEY S/o Late Ram Dev Dubey Resident of Village-Chandanpura, P.S.-Sheosagar, District-Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwari For the Opposite Party/s :
Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.
Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 504, 506, 307 and 34 of the Indian Penal Code.
The prosecution allegation, in short, is that the accused persons abused the informant and assaulted him and
Patna High Court CR. MISC. No.232 of 2021(2) dt.21-09-2021 2/3 also his family members due to which they sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sheosagar P.S. Case No. 162/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioners shall
Patna High Court CR. MISC. No.232 of 2021(2) dt.21-09-2021 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T