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Patna High CourtCR. MISC./49762/2016allowed

Ghanshyam Yadav v. The State Of Bihar

2016-12-13Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49762 of 2016 Arising Out of PS.Case No. -309 Year- 2011 Thana -BARAUNI District- BEGUSARAI ====================================================== Ghanshyam Yadav, son of Jatan Yadav @ Ram Jatan Yadav, Resident of Village- Muradpur, P.S.- Birpur, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rai Mukesh Sharma, Advocate. For the Opposite Party/s : Mr. Dr. Rabindra Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner as well as learned A.P.P for the State.

The petitioner seeks bail in connection with Barauni (Refinery) P.S. Case No. 309 of 2011 registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code and Section 7 of the Essential Commodities Act. Prosecution case is that on information, the police personnel reached near Barauni Refinery Gate No. 10 and saw that some persons were loading plastic gallon containing oil over 4 motorcycles, but they fled away from the spot leaving their motorcycles.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner has been implicated falsely in the present case on the basis of

Patna High Court Cr.Misc. No.49762 of 2016 (2) dt.13-12-2016 2/2 suspicion and nothing has been recovered from his conscious possession. The petitioner is languishing in custody since 30.08.2016.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released 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 Sub-Divisional Judicial Magistrate, Begusarai in connection with Barauni (Refinery) P.S. Case No. 309 of 2011. (Arvind Srivastava, J) Mishra/- U T