Brijesh Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68017 of 2019 Arising Out of PS. Case No.-650 Year-2019 Thana- BUXAR District- Buxar ====================================================== 1.

BRIJESH DUBEY Son of Ramashankar Duney @ Ramashankar Resident of Village - Baghara, P.S.- Vindhyachal, Distt - Mirzapur (U.P.) 2.

Birendra Bahadur Singh Son of Prem Bahadur Singh Resident of Village - Birohi, P.S.- Vindhyachal, Distt - Mirzapur (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in connection with Buxar (T) P. S. Case No. 650 of 2019 dated 06.09.2019 instituted for the offences under Sections 419, 420, 379, 411, 34 and 120 of the Indian Penal Code.

Patna High Court CR. MISC. No.68017 of 2019(2) dt.04-12-2019 2/3 The petitioners are alleged to have offered help to the informant in taking out money from the ATM and in the process, the petitioners took out Rs. 13,000/- and pocketed the same. The petitioners were confined by the informant and on search from their persons, Rs. 18,000/- is said to have been recovered.

Learned counsel for the petitioners submits that the occurrence took place in a different manner. The petitioners were standing behind the informant in a queue to get to the machine and in the process, some scuffle took place and just to feed fat this grudge, the petitioners were apprehended and recovery is shown to have been made from their possession.

Regard being had to the nature of accusation, the period of custody which is from 07.09.2019 and clean antecedent of the petitioners, this petition is allowed.

The petitioners, above-named, are directed to be released on bail on their furnishing bail bonds in the

Patna High Court CR. MISC. No.68017 of 2019(2) dt.04-12-2019 3/3 sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (T) P. S. Case No. 650 of 2019. (Ashutosh Kumar, J) skm/- U