Single judge Hon'ble Mr. Justice Rajesh Kumar Verma in Criminal Miscellaneous No. 17145 of 2023, released the petitioner who was in hiding since November 2022, a plea for bail subject to strict conditions.
R.D. let the petitioner be released on bail on furnishing a bond of Rs. 10,000/- with two sureties each to the satisfaction of the C.J.M., Aurangabad.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17145 of 2023
Arising Out of PS. Case No.-259 Year-2021 Thana- MUFFASIL District- Aurangabad
======================================================
MANISH DUBEY Son of Sanjay Dubey R/O Vill.- Lahana, Kanjharua, P.S.Koransarai, Dumraon, District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajiv Ranjan Kr. Pandey, Advocate For the Opposite Party/s : Mr.Mritunjay Kumar Nirala,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 25-07-2023
Heard learned counsel for the petitioner, learned
counsel for the informant and the learned A.P.P. for the State.
Patna High Court CR. MISC. No.17145 of 2023(3) dt.25-07-2023 2/3
implicated in the present case. Further submits that from bare perusal of the FIR it appears that the FIR is in two parts. In 1st part, there is specific allegation against co-accused namely, Aditya Kumar who assaulted with iron rod to the constable, namely, Bimlesh Kumar and in the 2nd part, there is general and omnibus allegation against all the five accused persons including the petitioner who assaulted to the constable, namely, Sunil Kumar. There is no specific allegation of any assault or overt-act attributed against the petitioner and the injury report of constable, namely, Sunil Kumar suggests that both the injuries are simple in nature caused by hard and blunt substance and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 19.11.2022.
Patna High Court CR. MISC. No.17145 of 2023(3) dt.25-07-2023 3/3
2021,with the following conditions:-
(I) Petitioner shall co-operate 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in the present criminal proceedings.
MANISH DUBEY
The State of Bihar
RAJESH KUMAR VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
