Rajnikant Dubey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37210 of 2014 Arising Out of PS.Case No. -56 Year- 2014 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================

1. Rajnikant Dubey, Son of Surendra Dubey

2. Nitesh Kumar Dubey, Son of Munna Dubey

3. Suresh Dubey, Son of Uma Shankar Dubey

4. Murli Shankar Dubey @ Murli Dubey, Son of Late Jagdeo Dubey

5. Subodh Dubey @ Sibodh Dubey, son of Kashinath Dubey, All Residents of Village - Garani, P.S. - Buxar (Ind), District - Buxar. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

20-02-2015 Heard learned counsel for the petitioners and learned Addl. Public Prosecutor.

Five petitioners, apprehending their arrest in Buxar (Ind) P.S. Case No.56 of 2014 registered for the offence under Sections 147,148,149, 323, 307, 379, 504, 506 of the Indian Penal Code, have prayed for grant of anticipatory bail. It has been pleaded that in the F.I.R. there is general and omnibus allegation. He further submits that the present case is counter blast since from the petitioners side an F.I.R. vide Buxar(Industrial ) P.S. Case no.57 of 2014 was registered for the offence under Sections 147,148,149, 323, 385, 379 and 506 of the

Patna High Court Cr.Misc. No.37210 of 2014 (2) dt.20-02-2015 2/2 Indian Penal Code. It has been pleaded that petitioners and the informant side are agnates. Learned counsel for the petitioners has placed reliance on an order dated 29.08.2014 passed in Cr.Misc. No.35845 of 2014, whereby a Bench of this Court has extended the privilege of anticipatory bail to one of the main accused, namely, Ravishankar Dubey, whose name finds place at Sl. No.1 in the accused column of the F.I.R.

Keeping in view the fact that one of the accused has been extended the privilege of bail by a Bench of this Court, there is no reason to deny the privilege of anticipatory bail to the petitioners. Let petitioners, namely, 1. Rajnikant Dubey, 2. Nitesh Kumar Dubey, 3. Suresh Dubey, 4. Murli Shankar Dubey @ Murli Dubey, 5. Subodh Dubey @ Sibodh Dubey, be enlarged on bail, in the event of their arrest or surrender within eight weeks from today, on furnishing bail bond of Rs.10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (Ind) P.S. Case no.56 of 2014, subject to condition as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) NKS/- U T