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Patna High CourtCR. MISC./53580/2023allowed

Ramesh Dubey @ Guddu Dubey v. The State Of Bihar

2023-10-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53580 of 2023 Arising Out of PS. Case No.-339 Year-2022 Thana- KARAHGAR District- Rohtas ====================================================== Ramesh Dubey @ Guddu Dubey Son Of Late Sheo Prasad Dubey Resident Of Village- Sheopur, P.S. Kargahar, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan For the Informant :

Mr. Nagendra Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against two unknown miscreants is that they came on bike and fired upon the informant's husband due to which he shot dead and the reason behind this as alleged occurrence is said to be land dispute.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. Only on the basis of suspicion, petitioner has been dragged in this case.

Patna High Court CR. MISC. No.53580 of 2023(3) dt.31-10-2023 2/2 There is no eye witness of the alleged occurrence and also nothing consistent material has come against the petitioner during investigation. Moreover, he is languishing in judicial custody since 15.03.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kargahar P.S. Case No. 339 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram. (Sunil Kumar Panwar, J) Shubham/- U T