Raju Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66866 of 2021 Arising Out of PS. Case No.-380 Year-2021 Thana- BAHADURPUR District- Darbhanga ====================================================== Raju Dubey, Son Of Late Gorakh Dubey Resident Of Village- Kapsa, P.S.- Kandharapur, District- Aajamgarh (U.P.).

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 414, 399, 402 of the Indian Penal Code and Section 25(1-b), 26, 35 of the Arms Act. The learned counsel for the petitioner submits that the petitioner is in custody since 18.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

The learned counsel for the petitioner submits that the informant alleges that three accused persons were apprehended from whose possession, arms, cartridges, knife etc. were recovered and they disclosed the name of the petitioner and Ram Babu Soni, who fled from the place of occurrence.

Patna High Court CR. MISC. No.66866 of 2021(2) dt.09-05-2022 2/2 The learned counsel for the petitioner submits that admittedly, the petitioner was not arrested from the spot and as such, no recovery was made from his possession and his name came based on the confessional statement of co-accused which has no evidentiary value.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and was not arrested from the spot, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bahadurpur P. S. Case No.380 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T