Jahangir @ Md. Jahangir v. The State Of Bihar

Patna High Court Cr.Misc. No.47445 of 2016 (2) dt.14-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47445 of 2016 Arising Out of PS.Case No. -12 Year- 2014 Thana -BAUSI District- PURNIA ====================================================== Jahangir @ Md. Jahangir Son of Sahabuddin Resident of Village-Paharia, Police Station-Baisi in the District of Purnea.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Baisi P.S. Case No. 12 of 2014 registered for the offences punishable under Sections 379, 411, 414, 120B/34 of the Indian Penal Code and Sections 3⁄4 of Damage to Public Property Act. One tanker was seized and it transpires that the owner and driver of the tanker were committing theft of crude oil passing through the pipeline.

Submission is of false implication and that the petitioner is not named in the first information report, nothing has been recovered from possession of the petitioner, one Mojahid was arrested and he is said to have confessed his guilt. Mojahid disclosed the name of other co-accused persons, thereafter, Kuddus and Asgar were apprehended and they stated the name of

Patna High Court Cr.Misc. No.47445 of 2016 (2) dt.14-12-2016 the petitioner also. Save and except the aforesaid facts there is nothing against the petitioner. Similarly situated co-accused Pankaj Singh has been allowed pre-arrest bail by another coordinate Bench of this Court vide order dated 11.08.2016 passed in Cr. Misc. No. 25021 of 2016 and another co-accused has also been allowed regular bail.

Learned APP fairly submits that co-accused Pankaj Singh has been allowed pre-arrest bail.

In the facts and circumstances stated above, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge II-cum-A.C.J.M. II, Purnea, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T