Raja Dubey @ Raj Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63460 of 2017 Arising Out of PS.Case No. -152 Year- 2017 Thana -GAUTAMBUDHNAGAR District- SIWAN ====================================================== Raja Dubey @ Raj Kumar Dubey, Son of Sri Lal Babu Dubey, resident of Village- Pach Pakariya, P.S.- G.B. Nagar, District- Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.3736 of 2018 Arising Out of PS.Case No. -152 Year- 2017 Thana -GAUTAMBUDHNAGAR District- SIWAN ====================================================== Birendra Kumar Prasad @ Birendra Kumar Singh @ Virendra Prasad @ Virendra Kumar S/o Sri Nathuni Singh, R/o Village- Satwar, P.S.- Nagar, District- Siwan.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.63460 of 2017) For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh, APP (In Cr.Misc. No.3736 of 2018) For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sri S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

This is a case registered under Sections 272, 273 and 308 of the Indian Penal Code and 30, 36 and 38 of the Bihar Prohibition and Excise Act.

It is submitted on behalf of the petitioners that they have falsely been implicated in this case on the basis of suspicion. Neither they have been apprehended from the place of occurrence nor has any recovery been made from their possession. Similarly situated persons namely, Surendra Prasad, Kamta Prasad Singh and Brajesh Prasad have already been enlarged on bail. They are in custody since 07.11.2017 and 27.11.2017 respectively. In the facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, IInd, Siwan in G.B. Nagar P.S. Case No. 152 of 2017 subject to the conditions :

(1) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners.

(2) That the Petitioners will be well represented on each date and if they fail to do so on two

consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U