Ram Uday Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11215 of 2017 Arising Out of PS.Case No. -97 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ram Uday Dubey, Son of Late Kishun Dubey, resident of village - Tharbitiya, P.S. Pakridayal, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Ranjan For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-03-2017 Heard the parties.

This application has been filed in connection with Pakridayal P.S.Case No.97 of 2016 for the offence under Sections 307, 302, 120(B) and 34 of the Indian Penal Code. It is submitted on behalf of the petitioner that there is omnibus allegation of firing against the petitioner and other accused persons. From the statement of the informant recoded at Para 69 of the case diary, it appears that several persons have not taken the name of this petitioner and due to previous enmity, he has falsely been implicated in this case.

Heard learned A.P.P. also.

Having heard both sides and in view of the above facts, let the petitioner, above named, be enlarged on bail on furnishing bail

Patna High Court Cr.Misc. No.11215 of 2017 (3) dt.22-03-2017 2/2 bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-V, East Champaran, Motihari in connection with Pakridayal P.S.Case No.97 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U