Krishna Bihari Dubey @ Bablu Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61921 of 2022 Arising Out of PS. Case No.-282 Year-2021 Thana- BUXAR District- Buxar ====================================================== Krishna Bihari Dubey @ Bablu Dubey Son Of Shri Hridyanand Dubey, Resident Of Village- Dubauli, P.S.- Sikraul, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Buxar (Town) P.S. Case No. 282 of 2021 lodged under Sections 419, 420, 467, 468, 471 and 120(B) of the I.P.C. As per prosecution, the allegation against the accused persons is that they taking benefit of mental illness of their cousin, instigate him to sell the property.

Learned counsel for the petitioner submits that the entire prosecution story is false. He further submits that petitioner is neither witness nor identifier nor broker nor received money of the property, which has been sold by the

Patna High Court CR. MISC. No.61921 of 2022(2) dt.24-02-2023 2/2 informant's son to the stranger. Counsel further submits that the said cause of action has been taken place by the action of the informant's son itself but he has making allegation against the petitioner and his family members. Counsel further submits that antecedent of the petitioner is clean and he is in custody since 20.08.2022.

Learned counsel for the State opposes the prayer for bail but admits that real remedy before cancellation of sale deed. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P.S. Case No. 282 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U