The Single Judge granted anticipatory bail to Binay Kumar Dubey in a case under Sections 409/420/34 IPC. Order directed release within four weeks upon furnishing a bond of Rs. 10,000 with two sureties under Section 438(2) Cr. P.C.
Petitioner released on bail in four weeks by furnishing bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22590 of 2020
Arising Out of PS. Case No.-463 Year-2019 Thana- BRAHMPUR District- Buxar
======================================================
BINAY KUMAR DUBEY @ MANTU DUBEY S/o Late Dwarika Drbey @ Dwarka Nath Dubey R/o Deokuli, P.S.- Brahampur, Distt- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kumar Singh For the Opposite Party/s : Mr. A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 03-03-2021
Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Brahampur P.S. Case No. 463 of 2019 registered under Sections 409/420/34 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent. The Mukhiya of the Panchayat in connivance with other staffs have committed fraud and embezzlement of the Government money, for which the petitioner had repeatedly filed complaints for inquiry of different schemes, thereafter the petitioner, being the common man, has falsely been implicated in the present case. There is no specific overt act alleged against the petitioner. Further submission is that on perusal of records, it appears that in course
Patna High Court CR. MISC. No.22590 of 2020(4) dt.03-03-2021 2/2
of investigation, neither any cogent material has been found against the petitioner nor any witness has come forward to support the fact that the petitioner was ever involved in any kind of fraud.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Buxar in connection with Brahampur P.S. Case No. 463 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Arvind Srivastava, J)
shailendra/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in a case under Sections 409/420/34 IPC alleging fraud and embezzlement.
Whether the petitioner's alleged innocence and lack of overt acts warrant release on bail.
1 provisions across 1 enactments
Binay Kumar Dubey @ Mantu Dubey
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
