Birendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47465 of 2014 Arising Out of PS.Case No. -210 Year- 2013 Thana -BIHIYA District- BHOJPUR ======================================================

1. Birendra Yadav S/o Lallan Yadav Resident of Village - Osain P.S. - Bihiya, District - Bhojpur.

.... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.49200 of 2014 Arising Out of PS.Case No. -210 Year- 2013 Thana -BIHIYA District- BHOJPUR ======================================================

1. Dindayal Yadav Son of Deonandan Yadav @ Deo Narayan Yadav Resident of Village - Osain P.S. - Bihiya Distt- Bhojpur. .... .... Petitioner

Versus

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

(In Cr.Misc. No.47465 of 2014) For the Petitioner : Mr. Rajani Ranjan Pd. Singh For the Opposite Party : Mr. Veena Kumari Jaiswal(App) (In Cr.Misc. No.49200 of 2014) For the Petitioner : Mr. Rajani Ranjan Pd. Singh For the Opposite Party : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-04-2015 Petitioners are languishing in custody since 26.07.2014 and 22.09.2014 in a case registered for the offences punishable under Sections 15(2) and 15(4)/16 of Petroleum and Minerals(Acquisition of Right of User in Land) Pipelines Act, 1962(Amendment Act, 2011).

The accusation is involvement in the business of pilferage of petroleum.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.47465 of 2014 (2) dt.27-04-2015 2/2 petitioners that accusation is based on suspicion and there is no recovery.

It is submitted on behalf of Indian Oil Corporation that by virtue of amendment made in 2011 to the Petroleum and Minerals Pipelines(Acquisition of Right of User in Land) Act, 1962, the punishment has now been made very stringent but he does not dispute that there is no recovery from the petitioner. Moreover other co-accused Somaru Yadav and Suman Yadav have been granted bail vide Cr. Misc. No. 15487 of 2014 and 15029 of 2014.

Considering the suspicious nature of accusation, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Bihiya P.S. Case No. 210 of 2013.

(Dinesh Kumar Singh, J) Shageer/- U T