Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51866 of 2014 Arising Out of PS.Case No. -295 Year- 2013 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Ajay Yadav, son of Kamata Yadav, resident of Village-Sanjhauli, P.S.- Salpur, District-Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner :

Mr. Surj Bansh Roy, Advocate For the Opposite Party : Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-01-2015 Heard both sides.

The petitioner, Ajay Yadav, seeks regular bail in Udwant Nagar P.S. Case No.295 of 2013, registered under Section 379 of the Indian Penal Code and under Sections 15(2) and 15(4) of the Petroleum and Minerals Pipe Lines Amendment Act, 2011.

The informant alleged that some unknown criminals tried to dig the pipeline for pilfering oil.

Learned counsel for the petitioner submits that the petitioner is not named in the first information report. The name of the petitioner figured in the case in the confessional statement of the co-accused. Other co-accused, namely, Gulab Chand Yadav @ Gulab Chandra Yadav @ Gopal Chand Yadav, Birendra Yadav, Umesh Yadav, Somaru Yadav and Suman

Patna High Court Cr.Misc. No.51866 of 2014 (2) dt.05-01-2015 2/2 Yadav have already been enlarged on bail by this Court. On the other hand, learned counsel appearing on behalf of the Indian Oil Corporation has submitted that the case of the petitioner stands on different footing from the other accused persons.

Perused the record.

It appears that the name of the petitioner figured in the case in the confessional statement of the co-accused. Nobody has seen the petitioner digging the pipeline and taking out oil from the pipeline. Other accused persons have already been enlarged on bail.

Considering the facts aforesaid, his prayer for bail is allowed.

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 learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwant Nagar P.S. Case No.295 of 2013. (Prabhat Kumar Jha, J) Pawan/- U T