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Patna High CourtCR. MISC./6080/2024bail granted

Manoj Pandit @ Manoj Kumar Pandit v. The State Of Bihar

2024-02-17Mr. Justice Chandra Shekhar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6080 of 2024 Arising Out of PS. Case No.-206 Year-2022 Thana- MAHARAJGANJ District- Siwan ====================================================== Manoj Pandit @ Manoj Kumar Pandit, S/o Tapeshwar Pandit, R/o Itahari, P.SMaharajganj, Distt.- Siwan. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-02-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The accused/petitioner is named in the FIR and appending his arrest in connection with Maharajganj P.S. Case No.206 of 2022 for the offences punishable under Sections 353 of the Indian Penal Code, Sections 9 & 15(2) of the Petroleum and Mineral Pipeline Act, 1962 and Sections 3 and 4 of the Explosive Substances Act,1908.

3. Allegation against the petitioner is to raise boundary wall near pipeline of Indian Oil Corporation Ltd.

4. It is submitted by learned counsel for the petitioner that no any such construction as alleged was raised by him near to supply pipeline of Indian Oil Corporation Ltd and alleged construction has already raised much prior to the acquisition of the land in issue. It is submitted that by no stretch

Patna High Court CR. MISC. No.6080 of 2024(2) dt.17-02-2024 2/2 of argument/imagination, it can be said that allegation falls under the offence as alleged under Explosive Substances Act, 1908. It is submitted that the petitioner is a man of clean antecedent.

5. The learned APP opposes the prayer of bail.

6. In view of aforesaid facts and circumstances and by taking note of fact as the issue is maximum related with raising of construction wall near to supply pipeline of Indian Oil Corporation, accordingly, the petitioner, above-named, who is a man of clean antecedent is directed to be released on bail in the event of his arrest or surrender within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Siwan in connection with Maharajganj P.S. Case No.206 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Chandra Shekhar Jha, J.) Sanjeet/- U T