Vinod Bishunke And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57207 of 2018 Arising Out of PS.Case No. -340 Year- 2018 Thana -BARAUNI District- BEGUSARAI ======================================================
1. Vinod Bishunke, Son of Jeet Bahadur Bishunke @ Jeet Bahadur Shurki
2. Yubraj Dharti, Son of Krishna Bahadur Dharti, All resident of Village- Gar-Tauli Pantdara, P.S.- Bhandara (Daduba Chouki), District- Rapti Nagar, Palika Chitwan, Nepal. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjiv Sharan, Adv. For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-10-2018 Heard learned counsel for petitioners and learned A.P.P. for the State.
Petitioners seek bail in Barauni P.S. Case No. 340/2018, registered for the offences punishable under Section 7 of the Essential Commodities Act and section 413 and 414 of the Indian Penal Code.
Allegation is black-marketing of fuel and dealing in stolen property.
It has been submitted that petitioners have falsely been implicated in this case. Petitioner no. 1 is driver and petitioner no. 2 is Khalasi of the Tanker and they are having valid paper of the Tanker. No stolen properties have been recovered from their possession.
Petitioners have no criminal antecedent. They are in
Patna High Court Cr.Misc. No.57207 of 2018 (3) dt.08-10-2018 2/2 custody since 25.07.2018.
Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 340/2018, subject to the conditions:
(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2.) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.
(3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) Vinita/- U T