Varun Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 73843 of 2019 Arising Out of PS. Case No.-278 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Varun Kumar Dubey aged about 28 years, Male, Son of Sudama Dubey, R/o Village - Alipur, P.S. Sonhan, Distt. - Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

20-11-2019 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Bhabua (Sonhan) P.S. Case No. 278 of 2019 registered for the offence under Section 436 of the Indian Penal Code.

As per F.I.R., it is alleged that petitioner and coaccused have set one temple on fire and the priest of the temple saw the petitioner and co-accused fleeing away at that time from the spot.

It is submitted on behalf of petitioner that F.I.R. has been lodged after four days of occurrence and petitioner has falsely been implicated in the present case, since nobody has seen the petitioner, rather priest of the temple has seen somebody fleeing away from the back-side. He submits that petitioner is having clean antecedent.

Patna High Court CR. MISC. No.73843 of 2019(2) dt.20-11-2019 2/2 Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the petitioner above named be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Kaimur at Bhabua in connection with Bhabua (Sonhan) P.S. Case No. 278 of 2019 on the following conditions:

(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J.) anay U T