IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18947 of 2010 LUXMI PATI UPADHYAY & ANR Versus STATE OF BIHAR ----------- 2 25.05.2010 Heard the learned counsel Sri Mithilesh Kumar Rai on behalf of the petitioners, Luxmipati Upadhyay and Akhilesh Tiwary who are in custody in Nawada Town P.S. Case No. 196/10 u/S 419, 420, 467, 468, 471/34 of the IPC. Heard the learned APP Sri Amrendra Prasad on behalf of the state. Prosecution case is that by telephone the informant and two others were asked to deposit Rs 35,000/- as security for the purpose of grant of license of dealership regarding white kerosene oil. The informant had paid Rs 5,00/- on account of form. When Rs 35,000/- was demanded as security, the informant doubted about the genuineness of the company, Vaishno Petroleum Pvt. Ltd and therefore, F.I.R. was lodged. The learned counsel for the petitioners submitted that both the petitioners are appointed by Vaishno Petroleum Pvt. Ltd and were posted at Patna as Marketing Planner. The appointment letters are Annexures-2 & 3. The learned counsel further submitted that only with a view to pressurize the petitioners to appoint the informant as dealer of the white kerosene, this false case has been lodged. 2 On the otherhand, the learned APP vehemently opposed the prayer for bail. From perusal of the annexures-2 & 3 which are appointment letters, it appears that these petitioners were appointed as Marketing planner of the said Vaishno Petroleum Pvt. Ltd and that the State of Bihar by Annexure- 5 has granted no objection and further that the marriage of petitioner No. 1, Luxmipati Upadhyay has been scheduled to be held on 06.06.2010. Considering the facts and circumstances of the case, I sdirect both the petitioners, namely, Luxmipati Upadhyay and Akhjilesh Tiwary to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Nawada Town P.S. Case No. 196/10 tof the satisfaction of Chief judicial Magistrate, Nawada. Since both the petitioners are resident of Ballia, therefore, one of the bailors should be local resident i.e. of Patna and the other bailor should be of close relation. AKV/ (Mungeshwar Sahoo,J.)