Jagat Pati Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51890 of 2014 Arising Out of PS.Case No. -210 Year- 2013 Thana -BIHIYA District- BHOJPUR ====================================================== Jagat Pati Pandey, Son of Late Dawarika Pandey, Resident of Village - Osain, P.S.- Bihiya, District - Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Jitendra Kr. Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-01-2015 Heard both sides.

The petitioner Jagat Pati Pandey seeks bail in Bihiya P.S. Case No. 210 of 2013, registered for the offences punishable under Section 379 of the Indian Penal Code and Sections 15(2)15(4) and 16 of Petroleum and Mineral Pipe Line Act. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and it is alleged that some unknown persons made an attempt to pilfer oil from Barauni Kanpur Pipe Line. Similarly situated co-accused has already been granted bail.

Learned counsel for I.O.C. has opposed the prayer for bail.

It appears that the name of the petitioner figured in the case in the confessional statement of Somary Yadav. Other

Patna High Court Cr.Misc. No.51890 of 2014 (2) dt.05-01-2015 accused persons whose name also figured in the confessional statement of co-accused have already been granted bail vide order passed in Cr. Misc. No. 7938 of 2014, Cr. Misc. No. 13855 of 2014 and in Cr. Misc. No. 30439 of 2014.

Having considered the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Bihiya P.S. Case No. 210 of 2013.

(Prabhat Kumar Jha, J.) KKSINHA/- U T