Pawan Kumar Dubey @ Pawan Kumar Gautam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7408 of 2023 Arising Out of PS. Case No.-151 Year-2021 Thana- Dehri Mufassil District- Rohtas ====================================================== Pawan Kumar Dubey @ Pawan Kumar Gautam S/o Shobhnath Dubey Resident of village- Durgapur, P.S.- Dehri (Muffasil), District- Rohtas, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Shivnandan Bharti, Advocate For the State :

Md. Aslam Ansari, APP For the Informant :

Mr. Vijay Bardhan Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard both sides.

The petitioner apprehends his arrest in connection with Dehri (Muffasil) P.S. Case No.151 of 2021, registered for the offences punishable under Sections 341, 323, 324, 325, 326, 307, 504, 506 and 34 of the Indian Penal Code.

The petitioner is said to have assaulted the informant by means of baseball stick causing fracture injury in his left hand. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that injury sustained by the informant is simple in nature. It is also submitted that co-accused, Shobh Nath Dubey, Uttam Kumar Dubey @ Uttam Kumar Gautam and Mridul Kumar

Patna High Court CR. MISC. No.7408 of 2023(4) dt.03-07-2023 2/2 Dubey @ Mirdul Kumar have already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 06.12.2022, passed in Criminal Miscellaneous No.36717 of 2022 and another analogous case. It is further submitted that during pendency of the bail petition, process under Section 82 Cr.P.C. has been issued.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for grant of anticipatory bail to the petitioner by submitting that processes under Sections 82 and 83 have already been initiated.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-XI, Rohtas at Sasaram in connection with Dehri (Muffasil) P.S. Case No.151 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T