Shashikant Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38943 of 2023 Arising Out of PS. Case No.-128 Year-2021 Thana- SISWAN District- Siwan ====================================================== Shashikant Dubey Son Of Rameshwar Dubey Resident Of At - Noniapatti, P.S.- Siswan, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yashraj Bardhan For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, on 21.05.2021 at about 5 A.M she saw dead body of her son Golu Dubey was lying in front of her house. She informed the police that some persons were threatening to kill her son and disputes were also going on with them. The informant in petitioner has expressed suspicion against Shashikant Dubey, Sanjay and the petitioner Ghanshyam Dubey

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that He further submits that only on

Patna High Court CR. MISC. No.38943 of 2023(3) dt.11-09-2023 2/3 suspicion the petitioner has been made accused in the present case. He submits that there was early dispute between the petitioner and informant due to which the name of the petitioner is transpired in this case. He further submits that though postmortem shows multiple injury on the dead body but there is no specific overt act against the petitioner in the entire case diary. He submits that there is no material even for suspicion against the petitioner. He further submits that similarly situated other co-accused person has already been granted bail by this Court vide order dated 06.07.2023 passed in Cr. Misc. No. 14424/2023. He submits that petitioner have got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that similarly situated other co-accused person has already been granted bail by this Court, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the

Patna High Court CR. MISC. No.38943 of 2023(3) dt.11-09-2023 3/3 case is pending/Successor court, in connection with Siswan P.S. Case No.128/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T