Patna High CourtCR. MISC./39626/2017bail granted

Satish Dubey And ANR v. The State Of Bihar

2017-08-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39626 of 2017 Arising Out of PS.Case No. -168 Year- 2017 Thana -JHAJHA RAIL P.S. District- LAKHISARAI ======================================================

1. Satish Dubey, Son of Lalan Dubey, R/o Mohalla- Saidpur Nand Nagar Colony, Near Kali Mandir, P.S.- Bahadurpur, District- Patna, tenant of Raju Rajak, Permanent Address Village- Ahirauli Baghal, P.S.- Bankata, District- Dewariya (U.P.).

2. Dheeraj Kumar Verma, Son of Shri Rambabu Prasad, R/o Village- Bahri Begumpur, Mandipar, Ward No.62, P.S.- Baipass Patna City, DistrictPatna, Permanent Address Village- Prahladchak, P.S.- Fatuha, DistrictPatna. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2017 Heard Sri Sanjeev Kumar, learned counsel for the petitioners and learned Addl. Public Prosecutor. Two petitioners, who are in custody since 20-07-2017 in Jhajha Rail P.S. Case No. 168 of 2017 registered for offence under Sections 30(a), 38(1) of Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail.

It was submitted by learned counsel for the petitioners that both the petitioners were falsely apprehended on allegation of recovery of 18 litres of Indian make foreign liquor from petitioner no. 1 and 9 litres Indian make foreign liquor from petitioner no. 2 at the railway platform, Jhajha. By way of referring to statement

Patna High Court Cr.Misc. No.39626 of 2017 (2) dt.19-08-2017 2/2 made in paragraph - 3 of the petition, it was submitted by learned counsel for the petitioners and petitioners are having clean antecedent.

Considering the nature of accusation, clean antecedent as well as period of custody, let both the petitioners namely Satish Dubey and Dheeraj Kumar Verma be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge Excise, Lakhisarai in connection with Jhajha Rail P.S. Case No. 168 of 2017.

(Rakesh Kumar, J.) Anay U T