Chandan Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64359 of 2021 Arising Out of PS. Case No.-258 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Chandan Dubey Son of Jairam Dubey R/o Village- Khavajepur (OLIPUR), P.S.- Jadodpur, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Pratap Singh, Advocate For the Opposite Party/s :

Ms. Rina Sinha. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks from today.

In the present case, the petitioner seeks bail in connection with Town (Gopalganj) P.S. Case No. 258 of 2019 registered for the alleged offences under Sections 302, 120B, 34 and 506 of the Indian Penal Code.

The allegation against the petitioner is that he is along with two accused gave knife blow to the friend of the informant causing his death.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to his

Patna High Court CR. MISC. No.64359 of 2021(4) dt.27-06-2022 2/2 friendship with co-accused Awadhesh Singh. The witnesses are mostly hearsay witnesses. The deceased was having criminal background and himself was an accused in a murder case. Charge-sheet has been filed in the case and petitioner is in custody since 24.08.2021 The A.P.P. for the State has opposed the prayer of bail made on behalf of the petitioner. Learned A.P.P. submits that there is direct allegation against the petitioner of causing death of the friend of the informant.

Having regard to the submissions made hereinabove and considering the fact that there is direct allegation against the petitioner in the F.I.R. for giving knife blow to the friend of the informant who is an eye witness to the occurrence, I am not inclined to enlarge the petitioner on bail at this stage. However, petitioner may renew his prayer for bail after nine months if the trial is not concluded within the stipulated period.

(Arun Kumar Jha, J) Ved/ Diwakar U T