Patna High CourtCR. MISC./31048/2017bail granted

Shambhu Burnwal @ Shambhu Das @ Shambhu Sinduriya v. The State Of Bihar

2017-07-06Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31048 of 2017 Arising Out of PS.Case No. -23 Year- 2014 Thana -SIMULTALA District- JAMUI ====================================================== Shambhu Burnwal @ Shambhu Das @ Shambhu Sinduriya, son of Huro Das, resident of village-Bichkakha, Police Station-Chakai, District-Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sessions Trial No. 59 of 2017 arising out of Simultalla P.S. Case No. 23 of 2014 registered under Sections 379 and 511 of the Indian Penal Code, Sections 15(2), 15(4) P.M.P. (Amendment) Act, 2011 and Sections 3 and 4 of the Prevention of Damage to Properties Act, 1984. Some unknown miscreants are said to have committed theft of oil from the pipe line near Chainej No. 390.600 Km.

It is submitted by learned counsel for the petitioner that the petitioner was neither apprehended on the spot nor he is named in the F.I.R. Nothing incriminating article has been

Patna High Court Cr.Misc. No.31048 of 2017 (2) dt.06-07-2017 2/2 recovered from the conscious physical possession of the petitioner. There is no eye witness of the occurrence. His name was surfaced in the case on the basis of the confessional statement made in Simultalla P.S. Case No. 54 of 2015. Similarly situated coaccused, namely, Arjun Singh and others have been enlarged on bail by a co-ordinate bench of this court vide order dated 02.03.2017 passed in Cr. Misc. No. 2752 of 2017. The petitioner has been languishing in custody since 22.07.2016. Considering the facts aforesaid, the above named petitioner 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 Additional District and Sessions Judge-I, Jamui in connection with Sessions Trial No. 59 of 2017 arising out of Simultalla P.S. Case No. 23 of 2014.

(Prakash Chandra Jaiswal, J) Mishra/- U T