Awneesh Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64449 of 2019 Arising Out of PS. Case No.-198 Year-2019 Thana- KATEYA District- Gopalganj ====================================================== AWNEESH DUBEY Son of Brajesh Kumar Dubey @ Brajesh Dubey Resident of Village Baikunthpur, P.S. Kateya, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kateya P.S. Case No.198 of 2019 registered under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code. The accusation is that while the informant was returning to his house after attending the marriage ceremony in his village, in the way, Subham Dubey and this petitioner stopped him and started making demand of his mobile. When the informant did not give his mobile to them, then they with an intention to kill him gave Daab blow at his head causing cut injury on his head.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.64449 of 2019(2) dt.24-10-2019 2/2 petitioner and the informant are co-villagers and due to grudge and enmity, the informant has falsely implicated this petitioner in the present case along with co-accused Subham Dubey. Moreover, the injuries, as found on the person of the informant, are simple in nature, which would appear from the order dated 06.09.2019 passed in A.B.P. No.1736 of 2019, whereby the Sessions Judge, Gopalganj, rejected the prayer of the petitioner for grant of privilege of pre-arrest bail.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XV, Gopalganj, District-Gopalganj, in connection with Kateya P.S. Case No.198 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T