Sanjay Singh v. The State Of Bihar
Patna High Court Cr.Misc. No.559 of 2015 (2) dt.09-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.559 of 2015 Arising Out of PS.Case No. -131 Year- 2013 Thana -BUXAR MUFFSIL District- BUXAR ====================================================== Sanjay Singh .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Gupta For the Opposite Party/s Mr. Mustaque Alam, APP For Indian Oil Corporation Mr. Krishna Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.01.2015 Heard learned counsel for the petitioner as well as learned counsel appearing for the Indian Oil Corporation. Admittedly, petitioner is not named in the first information report nor anything was recovered from his conscious possession and having similar allegation some co-accused persons have already been granted privilege of bail by different benches of this court.
Learned counsel appearing for the Indian Oil Corporation submits that section 16 C of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 prohibits grant of bail to accused unless the court is satisfied that there is reasonable grounds that accused will not commit similar offence in future. Learned counsel for the petitioner submits that section 16 C of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 is not applicable in the present case because even if the prosecution story assumed to be true, then also, alleged offence comes under definition of section 15 (2) of the above stated Act.
Patna High Court Cr.Misc. No.559 of 2015 (2) dt.09-01-2015 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in Buxar (Mufassil) P.S. Case no. 131/2013.
shahid (Hemant Kumar Srivastava,J) U T