Patna High CourtCR. MISC./45001/2016bail granted

Jitendra Singh v. The State Of Bihar

2016-12-08Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45001 of 2016 Arising Out of PS.Case No. -449 Year- 2015 Thana -NARPATGANJ District- ARRARIA ====================================================== Jitendra Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Soni Shrivastava For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Beur Police Station Case No. 79 of 2012 registered for the offences punishable under Section 420,406, 311 and 34 of the Indian Penal Code.

Petitioner happens to be proprietor of M/s. D.S. Fuel Centre, Nathpur, and it is alleged that from the premises of his Petrol Pump, some motorcycles and Jerkins filled with diesel were recovered. The informant claims that the aforesaid seized diesel was to smuggle to Nepal and on the aforesaid imagination, the informant lodged the present case against the petitioner. No doubt, from the premises of M/s Ragho Das H.P Petrol Pump, Palasi, some persons were caught with diesel and

Patna High Court Cr.Misc. No.45001 of 2016 (2) dt.08-12-2016 2/2 they disclosed that they had purchased the aforesaid diesel to smuggle to Nepal but so far as the Petrol Pump of the petitioner is concerned, no person was arrested from there and no one disclosed that the diesel was given by the petitioner or his employee for smuggling the same to Nepal.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Araria in Narpatganj Police Station Case no. 449 of 2015, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.K/- U T