Rohit Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51839 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- Dhobaha District- Bhojpur ====================================================== Rohit Dubey Son of Bhalu Dubey R/O Vil.- Salempur, P.s.- Dhobaha, Ara Mufassil, Dist.- Bhojpur at Ara.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubham Sourav For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-09-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code. 3.

The learned counsel for the petitioner submits that petitioner has antecedent of five cases, two of which under the Excise Act and the informant alleges that he had gone to attend a marriage where Prem tried to strangulate him and petitioner snatched his chain and Rs. 5,300/- and the cause of occurrence is that the informant had objected and videographed the distribution of less grains by Dadan Dubey, a PDS dealer, to the beneficiary.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the

Patna High Court CR. MISC. No.51839 of 2024(3) dt.09-09-2024 2/3 informant. It is next submitted that even presuming what has been alleged is true without admitting, then from bare perusal of the allegation as alleged in the FIR, no offence under Section 307 of the IPC is made out. It is next submitted that since petitioner is related to Dadan Dubey as such he has been implicated. It is further submitted that petitioner will not abscond rather will cooperate in the investigation for proving his innocence.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dhobaha P.S. Case No. 08 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

One of the bailors of the petitioner shall be his father, Bhalu Dubey.

Patna High Court CR. MISC. No.51839 of 2024(3) dt.09-09-2024 3/3 8.

However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial court shall be at liberty to forthwith cancel the bail bonds of the petitioner after recording reasons. 9.

Let a copy of this order be sent to the concerned P.S. through the learned Trial court.

(Satyavrat Verma, J) SUMIT/- U T