Abhishek Kumar @ Prabhakar Dubey @ Appu Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62389 of 2019 Arising Out of PS. Case No.-1476 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== ABHISHEK KUMAR @ PRABHAKAR DUBEY @ APPU DUBEY Son of Ram pravesh Dubey Resident Village - Purainiya, P.S.- Sikraul, Distt - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-10-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 2.4.2019 in a case registered for the offences punishable under Sections 302,379 and 120B/34 of the I.P.C. and Section 27 of the Arms Act.

The prosecution case as per the written report of Kiran Devi submitted to the SHO, Sasaram Police Station is to the effect that the husband of the informant left in Scarpio vehicle and after some time, the informant came to know that her husband has been killed by co-accused Mantu Singh and Shashikant Tiwari.

It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the accusation has been levelled against the petitioner. The informant is not the eye witness to the

Patna High Court CR. MISC. No.62389 of 2019(2) dt.23-10-2019 2/2 alleged occurrence. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. It is further submitted that co-accused Bhutali Singh alias Amit Kumar alias Bhutali, Babua Singh and Nitish Kumar have been granted bail vide order dated 23.4.2018, 26.2.2019 and 24.9.2019 passed in Cr. Misc. Nos.22332 of 2018, 68245 of 2018 and 42911 of 2019 respectively.

Learned APP submits that the petitioner is named in the FIR and he also participated in the occurrence. Considering the general and omnibus accusation against all the accused persons, the fact that the investigation has already concluded and the period in custody, coupled with the fact that co-accused have been granted bail by co-ordinate Benches of this Court, 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 CJM, Rohtas at Sasaram in connection with Sasaram (Muffasil) P.S. Case No.1476 of 2017. (Dinesh Kumar Singh, J) anil/- U