Manish Dubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53657 of 2018 Arising Out of PS.Case No. -162 Year- 2018 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================
1. Manish Dubey son of Kashi Dubey, resident of Village- Shahajpura, P.S.Kudra, District Kaimur at Bhabua.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code.
The prosecution case, in brief, is that in the backdrop of petty matter, accused persons started to abuse the informant and on protest, the informant was assaulted.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. There is case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The
Patna High Court Cr.Misc. No.53657 of 2018 (3) dt.09-10-2018 prosecution has not come with clean hands. The injury is said to be simple in nature. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by Magistrate. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Kaimur at Bhabua in connection with Kudra P.S. Case No. 162 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T