IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20441 of 2010
DINESHWAR DUBEY SON OF LATE CHANDRA SHEKHAR
DUBEY, RESIDENT OF VILLAGE MAMRAKHA BHAIYA
TOLA, P.S. MARKHA, DIST. MOTIHARI AT EAST
CHAMPARAN --- PETITIONER.
Versus
THE STATE OF BIHAR--OPP. PARTY.
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2/ 17.06.2010 Heard the parties.
In a criminal prosecution instituted for
offences under section 302, 120(B), 34 I.P.C. and 27 of
the Arms Act, though the petitioner is named in the
F.I.R. as an accused, but allegation of killing of the
deceased is against two other unknown accused persons.
The petitioner is stated to be one of the conspirators for
getting the crime in question committed, though
admittedly the petitioner was not present there on the
alleged place of occurrence. The enmity between the
parties is admitted in the F.I.R. itself. By referring to
Annexure- 2 and 3 it is submitted that co-accused Raju
Tiwary, Ratan Tiwary and Rabindra Mishra, who are also
named in the F.I.R. as accused, have been granted either
anticipatory or regular bail by different Benches of this
Court.
In the aforesaid facts and circumstances, let
the above named petitioner be enlarged on bail on
furnishing bail bond of Rs. 10,000/- with two sureties of
the like amount each to the satisfaction of Chief Judicial
-2-
Magistrate, East Champaran at Motihari in connection
with Paharpur P.S. Case No. 51 of 2006, subject to
conditions that :
(A) one of the bailors must be government
servant or close family member of the
petitioner, who will file an affidavit in the
court below showing his/her
relationship with the petitioner,
(B) if the petitioner is found involved in
same and similar nature of cases in
future, then in that case the informant/
prosecution shall be at liberty to file a
petition for cancellation of the bail of the
petitioner, and if such a petition is filed,
the court below would be obliged to
dispose of the same in accordance with
law after giving opportunity of hearing to
all concerned .
( Birendra Prasad Verma, J )
BTiwary/