Sumit Saurabh @ Jaki Dubey @ Jaiki Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58424 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- BARUN District- Aurangabad ====================================================== 1.

SUMIT SAURABH @ JAKI DUBEY @ JAIKI DUBEY Son of Sri Vinay Kumar Dubey Resident of Village - Jhumar Dihara, P.S.- Barun, Dist.- Aurnagabad (Bihar).

2.

Aman Saurabh @ Jimmi Dubey Son of Sri Vinay Kumar Dubey Resident of Village - Jhumar Dihara, P.S.- Barun, Dist.- Aurnagabad (Bihar). 3.

Suman Saurabh @ Golu Dubey @ Shubham Saurabh Son of Sri Vinay Kumar Dubey Resident of Village - Jhumar Dihara, P.S.- Barun, Dist.- Aurnagabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Mohan Murari For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code registered in connection with Barun P.S. Case No. 70/2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of petty dispute relating to cleaning of drain. It is stated that the injuries are simple in nature and the petitioners claim clean antecedents.

4. Be that it may, in the event of petitioners' arrest or surrender within four weeks hereof let the above named petitioners be released on provisional bail on furnishing bail bond of Rs.10,000/- [ten thousand] each with two sureties of like

Patna High Court CR. MISC. No.58424 of 2019(2) dt.17-09-2019 2/2 amount each to the satisfaction of learned CJM, Aurangabad in connection with Barun P.S. Case No. 70/2019 subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bond shall be liable to be cancelled by the learned Court concerned.

5. The provisional bail granted to the petitioners shall be confirmed by the learned Court below upon verification within a further period of four weeks after furnishing bail bond, that no grievous injury has been caused to the informant's son. In case grievous injury is found, their bail bonds shall stand automatically cancelled.

(Vikash Jain, J) Chandran/- U T