Nand Kishor Dubey @ Gudari Dubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15061 of 2016 Arising Out of PS.Case No. -91 Year- 2015 Thana -SANJHAULI District- SASARAM (ROHTAS) ====================================================== Nand Kishor Dubey @ Gudari Dubey, S/o Late Ramdeo Dubey, resident of village - Khaira Bhutaha, P.S. Sanjhauli, District - Rohtas .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamla Kant Pandey, Advocate For the Opposite Party/s : Mr. Suresh Pd. Singh (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-05-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in jail since 27.09.2015 in connection with Sessions Trial No. 57/16, arising out of Sanjhauli P.S. Case No. 91/15 for offences alleged under Sections 341, 307, 504 of the Indian Penal Code and under Section 27 of the Arms Act.
The prosecution case, as lodged by the informant is that when informant objected the petitioner for lifting the informant's straw he began to abuse, brought country-made pistol and fired upon the informant causing injury to him. It has been submitted by the learned counsel for the petitioner that he is innocent having no criminal antecedent, as
Patna High Court Cr.Misc. No.15061 of 2016 (3) dt.23-05-2016 2/2 is evident from paragraph 3 of this application and has falsely been implicated due to petty dispute regarding lifting of straw. He further submits that they are gotias and due to land dispute petitioner has falsely been implicated.
However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, considering the period of custody, let petitioner, above named, be released 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 Sessions Judge, Rohtas at Sasaram, in connection with Sessions Trial No. 57/16, arising out of Sanjhauli P.S. Case No. 91/15. (Nilu Agrawal, J.) Rajesh/- U T