Ajay Dubey @ Ajay Shankar Dubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61584 of 2024 Arising Out of PS. Case No.-202 Year-2023 Thana- SIMRI District- Buxar ====================================================== Ajay Dubey @ Ajay Shankar Dubey Son of Satya Narayan Dubey Resident of Village - Pandeypur, P.S.- Simri, District - Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kumar Ojha, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 147, 148, 149, 341, 323, 307, 379, 384, 427, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, on the alleged date and time of occurrence, when informant and one Chandan Kuwar came out of the Block Camp after attending a meeting, all the F.I.R. named accused persons including this petitioner, armed with deadly weapons, surrounded them and on the exhortation of co-accused Satyanarayan Dubey, co-accused Vijayshankar Dubey caused injury on the head of informant with butt of pistol, whereas other co-accused persons assaulted Chandan Kuwar with lathi and danda, due to which, Chandan Kuwar also sustained injury. It is next alleged that accused persons also
Patna High Court CR. MISC. No.61584 of 2024(2) dt.12-09-2024 2/2 snatched cash of Rs. 50,000/-, a locket and a bracelet from them as also they (accused) took away cash of Rs. 3 lacs, which was kept in the car of the informant.
4. Learned counsel for the petitioner submits that as per F.I.R., petitioner is only alleged to be member of the mob. There is no allegation of any overt act against him. Specific allegation of assault is against co-accused Vijayshankar Dubey.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Buxar in connection with Simri P.S. Case No. 202 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T