Sonu Kumar Dubey @ Sashi Kant Dubey And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.47845 of 2017 (2) dt.17-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47845 of 2017 Arising Out of PS.Case No. -8 Year- 2014 Thana -RASULPUR District- SARAN ======================================================

1. SONU KUMAR DUBEY @ SASHI KANT DUBEY, Son of Adyasharan Dubey,

2. PANKAJ DUBEY, Son of Adyasharan Dubey, Both are resident of Village- Jamanpura, Police Station- Rasulpur, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vipin Kumar Singh, Adv For the Opposite Party/s : Mr. Ajay Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-10-2017 Heard learned counsel for the appellants as well as learned APP.

Informant, as directed by his superior officials, was one of the members of raiding party which conducted a raid relating to so many cases as incorporated in the written report itself and during course thereof, apprehended one Dhananjay who during course of inculpatory extra-judicial confessional statement disclosed that he along with petitioners and others are engaged in snatching of motorcycle as well as dealing with theft property and during course thereof, also disclosed that Sonu is in possession of stolen motorcycle which could be recovered if raid is conducted. On that very confession, raid was conducted at the place of Sonu, was apprehended but it has been alleged that firstly

Patna High Court Cr.Misc. No.47845 of 2017 (2) dt.17-10-2017 such activity was done at the hand of his brother, petitioner no.2, Pankaj Dubey and then his grand father came who, with the assistance of students of coaching institute succeeded in getting Sonu out of clutch of prosecution party but from perusal of para-3 of the petition, it is evident that petitioner no.2 has not no criminal antecedent while petitioner no.1 happens to be accused in connection with only one case bearing Chainpur (O.P.) PS Case No. 13/2014.

Both the petitioners are under custody since 26.07.2017. That being so, petitioners, namely, SONU KUMAR DUBEY @ SASHI KANT DUBEY and PANKAJ DUBEY directed to be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of ACJM10th , Saran at Chapra in Rasulpur PS Case No. 08/2014. (Aditya Kumar Trivedi, J) perwez U T