IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26673 of 2022

Arising Out of PS. Case No.-282 Year-2019 Thana- SIMRI District- Buxar

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Anish Dubey @ Awanish Dubey, Son Of Sanjay Kumar Dubey, R/O- Village-

Simri ( Khaira Patti), P.S.- Simri, District- Buxar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Shree Kant Pandey, Advocate

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

2

30-08-2022

At the outset, learned counsel for the petitioner

submits that there is typographical error in paragraph no.1

as well as in the prayer portion of the bail petition where the

date of the FIR has been wrongly mentioned as 20.07.2019

whereas it should be 27.09.2019.

As prayed, learned counsel is permitted to rectify

the same in course of the day.

Heard learned counsel for the petitioner and

learned APP for the State.

Let the defect (s), as pointed out by the office,

be removed within a period of four weeks from the date of

resumption of physical filing and physical removal of

defect.

In the present case, the petitioner seeks bail in

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connection with Simri P.S. Case No. 282 of 2019 (Sessions

Trial No. 179 of 2021) registered for the alleged offences

under Sections 307, 379, 385, 387 and 506 of the Indian

Penal Code and Section 27of the Arms Act.

As per prosecution case, the petitioner threatened

the informant to withdraw the case of theft instituted against

him and opened fire but the shot did not hit anyone and the

petitioner took out Rs. 20,000/- from the pocket of one

Dhanu Sahni and fled away from the spot leaving behind

the motorcycle.

The learned counsel for the petitioner submits that

the petitioner has been falsely implicated in this case. It is

apparent from the FIR that the person, from whom the

money was snatched, did not lodge the FIR. No cartridge or

pellet was recovered from the place of occurrence and so

the story of opening fire is falsified. No one received any

injury. There is old enmity between the petitioner's side and

informant's side and a number of cases have been instituted

between them. The petitioner is in custody since 25.05.2021

and charge-sheet has been submitted in this case.

Learned APP opposes the prayer for bail

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submitting that the there is allegation against the petitioner

that he opened fire and snatched money from the friend of

the informant.

Having regard to the submissions made

hereinabove and considering the fact that no one got hurt

and there is lack of material against the petitioner as it

appears from the FIR and further considering the

submission of charge-sheet along with his period of

custody, the petitioner above named is directed to be

released on bail on furnishing bail bond of Rs. 20,000/-

(twenty thousand) with two sureties of the like amount each

to the satisfaction of learned Additional District Judge-Ixth,

Buxar, in connection with Sessions Trial No. 179 of 2021

arising out of Simri P.S. Case No. 282 of 2019, subject to

the conditions mentioned in Section 437(3) of the Code of

Criminal Procedure and also the following conditions :

(i) The bail bond of the petitioner will be

accepted only after framing of charge, if not

already framed.

(ii) One of the bailors will be the deponent,

who has sworn the affidavit.

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(iii) The petitioner will remain present on each

and every date fixed by the court below.

(iv) In case of absence on three consecutive

dates or in violation of the terms of the bail,

the bail bond of the petitioner will be lia