Vishwanath Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6363 of 2015 Arising Out of PS.Case No. -359 Year- 2014 Thana -DUMRAUN District- BUXAR ====================================================== Tilakdhari Mishra, S/o Late Yamuna Mishra (Jan Pratinidhi Bhojpur Jadid), Resident of village- Naya Bhojpur, P.S.- Dumraon, District- Buxar .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.20970 of 2015 Arising Out of PS.Case No. -359 Year- 2014 Thana -DUMRAUN District- BUXAR ====================================================== Vishwanath Dubey S/o Late Ram Nisan Dubey, Resident of village - Deokuli, P.S.- Bramhpur, District - Buxar. .... .... Petitioner

Versus

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

(In Cr.Misc. No.6363 of 2015) For the Petitioner/s : Mr. Virendra Kumar, Adv. For the Opposite Party/s : Mr. Md.Ataur Rahman, A.P.P. (In Cr.Misc. No.20970 of 2015) For the Petitioner/s : Mr. Binod Kumar Singh, Adv. For the Opposite Party/s : Mr. A.Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-05-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Both the cases arise out of same Dumraon P.S. Case No. 359 of 2014 registered for the offences punishable under Sections 409, 408, 419 and 420/34 of the Indian Penal Code and, therefore, they have been heard together and are being disposed of by a common order.

The petitioner of Criminal Miscellaneous No. 6363

Patna High Court Cr.Misc. No.6363 of 2015 (3) dt.21-05-2015 2/2 of 2015 Tilakdhari Mishra, is said to be the Mukhiya of Bhojpur Jadid Panchayat, whereas the petitioner of Criminal Miscellaneous No. 20970 of 2015 Vishwanath Dubey was the Panchayat Secretary of the said Gram Panchayat. The only allegation against them is that they purchased five solar lamp units from the unauthorized agency other than BREDA from where they were required to purchase. Learned counsel for the petitioners assures this Court that if the petitioners are granted bail they will appear before the Police in course of investigation or before the Court as and when required.

In view of the submission as above, let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dumraon Police Station Case No. 359 of 2014, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J.) Vats/- U T