Shivji Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4622 of 2025 Arising Out of PS. Case No.-42 Year-2023 Thana- MAHESHKHUNT District- Khagaria ====================================================== Shivji Roy s/o Jogindra Roy r/o 49/1 D H RD Ikbalpur, P.S.- Alipore, DistrictKolkata, West Bengal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Gupta For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379, 120(b), 420, 467, 468, 471 and 34 of the Indian Penal Code, Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 as well as Sections 15(2) of the Petroleum and Mineral Pipeline Act, 1962.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that one fourteen wheeler petrol tanker was seized along with certain articles as detailed in the FIR used for stealing oil from pipeline of Oil India, thus, alleges that the accused persons along with unknown accused were conspiring to commit theft of oil from the pipeline of Oil India Limited on account of which
Patna High Court CR. MISC. No.4622 of 2025(3) dt.09-05-2025 2/3 the pressure of the oil pipeline had decreased.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant based on the fact that he is owner of the seized tanker. It is further submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is next submitted that petitioner was not present at the place of occurrence and the tanker is used for commercial purpose for carrying oil. It is also submitted that no prudent businessman would bring disrepute to his business. It is submitted that petitioner was completely unaware that driver of the tanker would misuse the vehicle in the manner as alleged.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the
Patna High Court CR. MISC. No.4622 of 2025(3) dt.09-05-2025 3/3 case is pending/Successor Court in connection with Maheshkhunt P.S. Case No. 42 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T