Ashwani Kumar Dubey @ Ashwani Kumar @ Golu Dubey @ Golu @ Ashwani Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4089 of 2019 Arising Out of PS. Case No.-132 Year-2016 Thana- CHHATAUNI District- East Champaran ====================================================== ASHWANI KUMAR DUBEY @ ASHWANI KUMAR @ GOLU DUBEY @ GOLU @ ASHWANI DUBEY, son of Ajay kumar Dubey @ Ajay Dubey Resident of Gandhi Nagar, Road no.- 2, Kholua, Bairia, P.S- Ahiyapur, District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Ranjan For the Opposite Party/s :

Mr.Arbind Kr. Pandey(APP-84) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chhatauni P.S. Case No. 132 of 2016 registered for the offence punishable under Section 414 of the Indian Penal Code and Sections 25(1-b)a and 26 of the Arms Act. Sections 364(A), 368, 216, 120(B), 420/34 of the I.P.C. was added later on. The allegation is regarding the Police having constituted a team for apprehending the miscreants who were hatching a plan for kidnapping a big businessman of Nepal and upon secret information the Police had raided the place of occurrence and from there the co-accused person namely Vimlendu Ranjan @ Ranjan Jha was apprehended and

Patna High Court Cr.Misc. No.4089 of 2019(2) dt.25-01-2019 2/2 subsequently he is said to have disclosed the name of the petitioner as the one who was also instrumental in the alleged plan of kidnapping of a big businessman of Nepal. The learned counsel for the petitioner submits that there is no material on record to connect the petitioner with the alleged crime and the said Vimlendu Ranjan @ Ranjan Jha on whose confession the name of the petitioner has transpired, has already been granted bail by this Court by an order dated 04.10.2016 passed in Criminal Misc. No. 43884 of 2016. The learned counsel further submits that though there are two cases against the petitioner but the petitioner is on bail in both the said cases. Lastly, it is submitted that the petitioner is languishing in custody since 19.06.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari in connection with Chhatauni P.S. Case No. 132 of 2016. (Mohit Kumar Shah, J) S.Sb/- U T