Paramveer Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12050 of 2017 Arising Out of PS.Case No. -35 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. 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 I.O.C.L. : Mr. Krishna Chandra, Advocate For the Opposite Parties : Mr. Lakshmi Kant Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Simultalla P.S Case No. 35 of 2014 registered for the offences punishable under Sections 379/511 of the Indian Penal Code and under Section 15(2), 15(4) of the Petroleum & Mineral Pipeline Act, 2011.
The Deputy M.O. Barauni Refinery lodged the present case alleging that some unknown miscreants attempted to take out oil from pipe line through Channel No. 378. Submission is of false implication and that the petitioner has been implicated merely on suspicion and on the
Patna High Court Cr.Misc. No.12050 of 2017 (2) dt.28-03-2017 2/3 basis of alleged confessional statement taken in connection with Simultalla P.S. Case No. 54 of 2015. There is no eye-witness or any material substantiating alleged filing of oil. The petitioner is neither named in the F.I.R. nor was apprehended at the spot, nothing has been recovered from the possession of the petitioner, in this case similarly situated other co-accused Arjun Singh Yadav, Bimlesh Kumar, Suresh Kumar, Ravi Singh and Umedh Singh have already been allowed bail vide Cr. Misc. No. 661 of 2017 by another co-ordinate bench of this Court vide Annexure-2 and, as such, he deserves sympathetic consideration, as he is in custody since 19.09.2016.
Learned counsel for the I.O.C.L. opposes the prayer of bail by submitting that the petitioner has got criminal antecedent.
In the facts and circumstances stated above, the petitioner is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 1st Additional District & Sessions Judge, Jamui, in connection with Simultalla P.S Case No. 35 of 2014 (S. Tr. No. 287 of 2016), subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of
Patna High Court Cr.Misc. No.12050 of 2017 (2) dt.28-03-2017 3/3 the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J.) Rajiv/- U T