Patna High Court – Orders
Ashwani Dubey @ Golu Dubey vs The State Of Bihar on 20 December, 2024
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86268 of 2024
Arising Out of PS. Case No.-419 Year-2018 Thana- MEHSI District- East Champaran
======================================================
Ashwani Dubey @ Golu Dubey S/O Ajay Kumar Dubey R/O Gandhinagar,
Road No.2, Kolhua, Bairya, Paigambarpur, P.S.- Ahiyapur, District.-
Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Ranjan, Advocate
Mr. Abhishek Teerthankar, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 20-12-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Mehsi P.S. Case no. 419
of 2018 registered under sections 399, 402 and 414 of the Indian
Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms Act and
sections 4, 5 and 6 of the Explosive Substance Act.
3. As per the prosecution case, a raid was conducted
by the police personnel on receiving information about veteran
criminals ie Mukesh Pathak and the petitioner herein planning
to give effect to an occurrence. A number of accused persons
were caught and various incriminating articles including live
cartridges, arms etc. recovered.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case because of his
Patna High Court CR. MISC. No.86268 of 2024(2) dt.20-12-2024
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antecedents. Neither was he arrested at the spot nor any
incriminating article recovered from his possession. Referring to
the order of the learned trial Court it is submitted that the main
allegation against the petitioner is based on his antecedents and
the statement of co-accused Sanjeet Kumar and Sanjeet
Choudhary made in course of investigation. Learned counsel
referring to the order of the learned trial Court submits that
though the case diary has been discussed in detail, however, no
incriminating article is said to have been recovered from the
possession of the petitioner and there is no material against him
except his antecedents. A number of co-accused have been
enlarged on bail vide orders contained in Anneuxre-P2 series.
The petitioner is in custody since 4.7.2023 and charge-sheet has
been submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., the
material that has transpired against the petitioner in course of
investigating as is evident from the detailed order of the learned
trial Court, grant of bail to a number of co-accused vide
Annexure-P2 series, the petitioner having remained in custody
Patna High Court CR. MISC. No.86268 of 2024(2) dt.20-12-2024
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for more than 5 months since 4.7.2023 and charge-sheet having
been submitted in the case, the petitioner is directed to be
enlarged on bail in connection with Mehsi P.S. Case no.419 of
2018 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate,
East Champaran, Motihari.
(Partha Sarthy, J)
avinash/-
U T
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