Pawan Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61009 of 2021 Arising Out of PS. Case No.-381 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== PAWAN KUMAR DUBEY Son of Raj Kumar Dubey Resident of MohallaMundichak, P.S.- Tilkamanjhi, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 120(B), 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of assaulting and opening fire by coaccused Kapil Yadav. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that specific allegation of firing is against Kapil Yadav and not this petitioner in the present and the name of the petitioner has transpired during confessional statement before

Patna High Court CR. MISC. No.61009 of 2021(2) dt.12-07-2022 2/2 police of apprehended co-accused Kapil Yadav. He further submits that similarly situated co-accused has already been granted anticipatory bail by this Court passed in Cr. Misc. No. 51530 of 2021.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner above named in the event of his arrest or surrender before the court below within a period of four 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 Judicial Magistrate Ist Class, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 381 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T