Rajnish Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6939 of 2015 Arising Out of PS.Case No. -162 Year- 2014 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajnish Dubey S/o Rajeshwar Dubey Resident of village- Siswa Kharar, P.S. - Kalyanpur, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Jitendra Kumar Roy-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-05-2015 This is an application for grant of anticipatory bail to above named petitioner in Kesariya P.S. Case no. 162 of 2014 under sections 386, 387 of the Indian Penal Code on the basis of statement made by the informant.

The petitioner has not moved this Hon'ble High Court earlier either for grant of regular bail or anticipatory bail in the instant matter.

Allegedly one Bablu Dube demanded Rs.

10,00000/- from the informant as ransom otherwise to kill him and again through mobile he told the informant that he is sending Ranjan Kumar Upadhayay and Rajnish Dubey to receive the amount and directed to give Rs. 50000/- failing which the

Patna High Court Cr.Misc. No.6939 of 2015 (3) dt.21-05-2015 2/2 informant would be killed.

Submission is of false implication and that the petitioner has never went before the informant to demand money and only he has been named by co-accused as he used to supply coal at the brick kiln of the informant and there is some dispute. Learned A.P.P. opposes the prayer for bail.

Considering that against the petitioner there is no allegation that he demanded any ransom neither he went before the informant to receive the amount and as such the above named petitioner in the event of his arrest or surrender before the court below within a period of two months from the date of receipt/production of a copy of this order be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Shri Ashok Kumar-II, Judicial Magistrtate, Ist Class, Motihari in Kesariya P.S. Case No. 162 of 2014, subject to the conditions as laid down under section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J) M.Rahman/- U T