Sunil Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70813 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- SIMRI District- Buxar ====================================================== Sunil Dubey Son of Late Rameshwar Dubey Resident of Village- Barka Dhakaich, P.S.- Krishna Brahm, Distt.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code.

3. FIR is against unknown.

4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that on the basis of confessional statement of co-accused, the name of the petitioner is transpired in this case which has no evidentiary value in the eye of law. He submits that there is no eye witness of the said occurrence. He submits that in fact, the deceased was murdered by his uncle and mother. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

Patna High Court CR. MISC. No.70813 of 2024(2) dt.22-10-2024 2/2

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

6. Considering the facts and circumstances of the case and the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Simri P.S. Case No. 68 of 2024.

(Anjani Kumar Sharan, J) devendra/- U T