Ritesh Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20165 of 2018 Arising Out of PS.Case No. -264 Year- 2017 Thana -CHARPOKHARI District- BHOJPUR ======================================================

1. RITESH KUMAR DUBEY S/o Umesh Dubey, R/o Vill.- Nagrawan, P.S.- Charpokhari , Distt.- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-06-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Charpokhari P. S. Case No. 264 of 2017, registered for offences punishable under Sections 341, 323, 324, 326, 307/120 (B) of the Indian Penal Code and 27 of the Arms Act. Allegation against the petitioner is of firing upon the husband of the informant, causing serious injury. Submission of the learned counsel for the petitioner is that there is no eye witness of the occurrence and the petitioner has been falsely implicated in this case on the statement of the coaccused. Learned A.P.P. opposes the prayer for bail on the ground that the condition of the husband of the informant is still

Patna High Court Cr.Misc. No.20165 of 2018 (3) dt.19-06-2018 2/2 serious and his statement could not be recorded and the petitioner has been named in the F.I.R., I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) Sudha/- U T