Sanjeet Dubey @ Sanchit Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18686 of 2017 Arising Out of PS.Case No. -338 Year- 2016 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sanjeet Dubey @ Sanchit Dubey, son of late Ekbali Dubey, R/v Singhachhapar, P.S. Bettiah, Muffasil, Distt. West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-05-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Bettiah Muffasil P.S. Case No. 338 of 2016 registered for the offences punishable under Sections 420, 272 and 273 of the Indian Penal Code and Section 47 (A) and 51 of the Excise Amendment Act. Allegedly, from the brick kiln of the petitioner 84 piece country made liquor each containing 200 ml. and 12 piece liquor each containing 300 ml. besides 73 piece country made liquor each containing 200 ml. were recovered and the petitioner succeeded in fleeing away and co-accused Shankar Manjhi was arrested who stated regarding involvement of the petitioner. Submission is of false implication and that the

Patna High Court Cr.Misc. No.18686 of 2017 (2) dt.11-05-2017 2/2 petitioner is a law abiding citizen, nothing has been recovered from conscious possession of the petitioner. Brick kiln was not in running position. He is suffering in custody since 09.03.2017only on the basis of confessional statement of Shankar Manjhi and, as such, he deserves sympathetic consideration.

The learned A.P.P. submits that from brick kiln of the petitioner, recovery was made.

In the facts and circumstances stated above, the above named petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, West Champaran, Bettiah in connection with Bettiah Muffasil P.S. Case No. 338 of 2016 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T