Patna High CourtCR. MISC./68031/2023bail granted

Shishir Dubey @ Shishir Kumar Dubey v. The State Of Bihar

2023-10-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68031 of 2023 Arising Out of PS. Case No.-697 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== SHISHIR DUBEY @ SHISHIR KUMAR DUBEY Son of Late Sitaram Dubey R/o vill - Baikunthawa, P.s. - Nautan, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kant Mani Tripathi, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-10-2023 Heard the learned counsel for the petitioner and learned counsel for the State.

2. The petitioner seeks bail in connection with Nautan (Jagdishpur O.P.) P.S. Case No. 697 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 325, 307, 327, 504 and 506 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and other have shot at the prosecution party.

4. Learned counsel for the petitioner has taken this Court to annexure 4 and earlier orders of this Court to show that it is the prosecution party who is trying to capture the land of the petitioner.

5. Since, the petitioner and other accused persons have exercised their right of private defense to protect their property, in my opinion, no case for detaining them further is

Patna High Court CR. MISC. No.68031 of 2023(2) dt.18-10-2023 2/2 made out.

6. Considering the aforesaid facts, this application for regular bail is allowed.

7. Let the 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 the learned Sub-Divisional Judicial Magistrate, West Champaran, Bettiah in connection with Nautan (Jagdishpur O.P.) P.S. Case No. 697 of 2022.

(Sandeep Kumar, J) Guddu/- U T