Patna High CourtCR. MISC./32198/2016bail granted

Pramod Sah v. The State Of Bihar

2016-09-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32198 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pramod Sah S/o Bachu Sah of Vill.- Misraulia, P.S - Chiraia, Dist.-East Champaran.

.... .... Petitioner/s

Versus

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

For the State : Mrs. Renu Kumari, APP ------------------------------------------------------------------------------------------- CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 395 and 397 of the Indian Penal Code. A tanker loaded with 20,000 litres of diesel was looted by some unknown accused persons from its driver and co-driver. Later on, the said tanker was found standing near a petrol pump. Petitioner is an employee of the said petrol pump and allegation is that he told the accused persons that he would sold the diesel. It has been submitted on behalf of the petitioner that he is in custody since 20.2.2016. Chargesheet has been submitted against the petitioner. He has got no criminal antecedent.

No allegation of tampering of witnesses is alleged against the petitioner. Petitioner is not named in the F.I.R. He has been made accused on the basis of confessional statement of the co-accused. From perusal of the said confession it appears that petitioner had not participated in committing dacoity. There is no recovery of any looted article from the possession of the petitioner.

Patna High Court Cr.Misc. No.32198 of 2016 (3) dt.16-09-2016 2/2 not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari, in connection with Ramgarhwa P.S. Case no. 13 of 2016.

(Sudhir Singh, J) sudip/- U T