Vishal Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72534 of 2023 Arising Out of PS. Case No.-276 Year-2022 Thana- GUTHANI District- Siwan ====================================================== Vishal Dubey S/O Tarkeshwar Dubey R/O Village- Bakulari, P.S- Guthani, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rana Neha Kumari For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 325, 307, 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, allegation against the petitioner is that he is involved in firing on the informant along with other co-accused persons, as a result of which, the informant sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. She submits that

Patna High Court CR. MISC. No.72534 of 2023(2) dt.30-11-2023 2/2 there is no specific overt act against the petitioner. She further submits that co-accused Balveer Singh and co-accused Vikash Dubey have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 28.07.2023 passed in Cr. Misc. No. 44160/2023 and vide order dated 04.08.2023 passed in Cr. Misc. No. 45307/2023 respectively. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Guthani P.S. Case No. 276 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T