Nikesh Dudey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 476 of 2021 Arising Out of PS. Case No.-269 Year-2015 Thana- SHEOHAR District- Sheohar ====================================================== NIKESH DUDEY Son of Vijay Dubey @ Vijay Kumar Duvedi Resident of Village - Madhopur Koerigawa, P.S.- Chakiya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Harendra Prasad, Advocate For the Opposite Party/s :

Ms Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 25-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Sheohar Police Station (for brevity, PS) Case No 269 of 2015 instituted for the offence punishable under Sections 387, 120B, 302/34 of Indian Penal Code and Section 27 of Arms Act.

Allegedly, Rajendra Prasad Singh, cousin grandfather of the informant, was shot dead by two motorcycle borne criminals. During investigation, the name of the petitioner transpired in the confessional statement of co-accused Anchal Jha. However, co-accused Anchal Jha has already been granted bail by this Court in Cr Misc No 29195 of 2016 by order dated 01.09.2016. Due to antecedent of seven cases, the petitioner has been implicated on suspicion. He is on bail in six of those seven cases and in this case, he is in custody since 18.05.2018. Learned APP has opposed the prayer for bail.

In view of the aforesaid circumstances, prayer for bail

Patna High Court CR. MISC. No.476 of 2021(4 ) dt.25-03-2021 2/2 is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheohar in Sheohar PS Case No 269 of 2015 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T