Paramveer Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13149 of 2017 Arising Out of PS.Case No. -23 Year- 2014 Thana -SIMULTALA District- JAMUI ====================================================== Paramveer Yadav, Son of Late Ras Bihari Yadav, Resident of VillagePunsiya, P.S.- Rajoun, District- Banka. .... .... Petitioner
Versus
1. The State of Bihar.
2. Amrendra Kumar, son of Sri Indu Bhushan Prasad Singh, Dy. Manager (Prachalan), Paradip-Haldia- Barauni, Pipe Line, Indian Oil Corporation Limited, P.O.- Barauni Oil Refinery, District- Begusarai (Bihar). .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Sanjay Kumar Jha, Advocate For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-03-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 19.09.2016 in connection with Simultala P.S. Case No. 23 of 2014 for the offences alleged under Sections 379 and 511 of the Indian Penal Code; Sections 15(2), 15(4) of the Petrol & Material Pipe Line (Amended) Act, 2011 and Section 3/4 of the Prevention of Damage to Public Property Act, 1984.
3. It is submitted that the petitioner has been falsely implicated and the first information report has been instituted against unknown persons. No recovery of any incriminating articles has been made from the possession of the petitioner. Petitioner's name has surfaced after one year and five months on the extrajudicial confessions of co-accused persons in Simultala P.S. Case No. 23 of 2014, who have since been granted bail by this Court in Cr. Misc. No. 2572 of 2017. The petitioner claims clean antecedents.
4. Having regard to the entirety of the facts and
Patna High Court Cr.Misc. No.13149 of 2017 (2) dt.29-03-2017 2/2 circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Simultala P.S. Case No. 23 of 2014 with the following conditions: (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Vikash Jain, J) B.T/Ibrar U T