Bhola Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36622 of 2014 Arising Out of PS.Case No. -162 Year- 2012 Thana -BEUR District- PATNA ====================================================== Bhola Rajak Son of Suresh Prasad Rajak resident of village- Ram Nagar, Ranipur Road, P.S.- Phulwari Sharif, District- Patna (Bihar). .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.41318 of 2014 Arising Out of PS.Case No. -162 Year- 2012 Thana -BEUR District- PATNA ====================================================== Deokant @ Golu Son of Vijay Prasad Resident of Village - Bikram, P.S. - Bikram, District - Patna (Bihar).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.49787 of 2014 Arising Out of PS.Case No. -162 Year- 2012 Thana -BEUR District- PATNA ====================================================== Harikant @ Guddu Son of Vijay Kumar Gupta @ Vijay Prasad Resident of Village + P.O. - Bikram, P.S. - Bikram, District - Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ======================================================

Patna High Court Cr.Misc. No.36622 of 2014 (04) dt.13-01-2015 2/3 Appearance :

(In Cr.Misc. No.36622 of 2014) For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Narsing Tanti (App) (In Cr.Misc. No.41318 of 2014) For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. S.N.Shukla(App) (In Cr.Misc. No.49787 of 2014) For the Petitioner/s : Mr. Rana Pratap Singh For the Opposite Party/s : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 13-01-2015 Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 14.04.2014 in a case registered for the offences punishable under Sections 420, 406, 379/411/34 of the Indian Penal Code. It is alleged that on 12.10.2012, 306 domestic gas cylinders were loaded on a truck at Gidha Bottling Plant, Bhojpur but the truck could not reach to the godown of the dealer at Patna but the alleged truck was found parked near the shop of a bear bar. The name of the petitioners sprang up on the confession of the driver recorded on 13.04.2014. Subsequently the petitioners also made confession. Subsequently 62 cylinders were recovered from a pick-up van which belongs to Sulabh Indane Seva which is a

Patna High Court Cr.Misc. No.36622 of 2014 (04) dt.13-01-2015 3/3 domestic gas dealer at Phulwarisharif.

It is submitted by learned counsel for the petitioners that the petitioners have no criminal antecedent. Statement to that effect has been made in para 3 of the petitions. Considering the fact that the name of the petitioners surfaced two years after the institution of the case and there is no recovery from the petitioners, let the above named petitioners, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Beur P.S. Case No. 162 of 2014.

(Dinesh Kumar Singh, J) DKS/- U T