Priyavrat Dubey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40138 of 2018 Arising Out of PS. Case No.-204 Year-2018 Thana- BUXAR District- Buxar ====================================================== Priyavrat Dubey S/o late Banshidhar Dubey , R/o Vill.- Shivpuri, Budhanpurwa, Ward no. 16, P.s.- Buxar (Town) District- Buxar. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Nathuni Yadav S/o Late Shivnath Yadav, R/o Vill.- Budhanpurwa, P.S.- Buxar (Town), District- Buxar.

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

For the Petitioner/s :

Mr. Digvijay Kumar Ojha For the Opposite Party/s :

Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner seeks bail in Buxar (Town) P.S. Case No. 204 of 2018 registered for the offence punishable under Sections 147, 148, 149, 323, 504, 354, 379, 380, 307, 386, 447 and 448 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner is of demolishing the house of the Informant by J.C.B alongwith Babli dubey, Manoj Dubey, Vivekanand Dubey, Harendra Kumar, Sunil Rai and Bittu Mishra and also assaulting the son of the Informant by fists and slaps.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to

Patna High Court Cr.Misc. No.40138 of 2018(4) dt.17-09-2018 2/2 dirty village politics. There is general and omnibus allegation against the petitioner. It has been further submitted that the Informant had earlier also instituted case of similar nature being Buxar (Town) P.S. Case No. 205 of 2018 under sections 147, 148, 149, 307, 427, 120B of the Indian penal Code and Section 28(1-a), 25(1)A, 26, 27 and 35 of the Arms Act on which the petitioner is on bail. Similarly, situated co-accused person has been granted anticipatory bail by a co-ordinate bench of this Court vide order dated 07.08.2018 in Criminal Miscellaneous No. 43541 of 2018. Petitioner is in custody since 22.04.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Buxar (Town) P.S. Case No. 204 of 2018.

(S. Kumar, J) ranjan/- U