Rajeshwar Dubey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22473 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajeshwar Dubey, Son of Late Amarnath Dubey,

2. Mukhti Narain Sah, Son of Awadesh Sah, Both Resident of VillageLatiyahi, P.S.- Adapur, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Pandey For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2017 Heard the parties.

The petitioners seek regular bail in connection with Adapur P.S. Case No.21 of 2017 registered for offences punishable under Sections 414, 272, 273 & 34 of the Indian Penal Code and Section 30(a) 57(B) of Bihar Prohibition & Excise Act. Allegation against the petitioners is that 7.500 ltrs. countrymade liquor as well as a stolen Motorcycle have been recovered from the possession of the petitioners, however, it is submitted on behalf of the petitioners that they have been falsely implicated in this case as the Motorcycle belongs to the friend of the petitioners and in support, a certificate of registration has been annexed as Annexure-2 of this petition. Even no liquor has been recovered

Patna High Court Cr.Misc. No.22473 of 2017 (2) dt.11-05-2017 2/3 from the possession of the petitioners and he has no criminal antecedent. The petitioners have remained in custody for about three months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, as well as the petitioners have clean antecedent, as such let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Raxaul at Motihari in connection with Adapur P.S.Case No.21 of 2017.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/-

Patna High Court Cr.Misc. No.22473 of 2017 (2) dt.11-05-2017 3/3 U