Sudarshan Lal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46216 of 2024 Arising Out of PS. Case No.-292 Year-2023 Thana- SALIMPUR District- Patna ====================================================== 1.
Sudarshan Lal S/o Shailendra Kumar R/o vill - Oli Bigha, PS. - Chandi, Distt. - Nalanda 2.
Aryan Raj S/o Prem Kumar R/o vill - Oli Bigha, PS. - Chandi, Distt. - Nalanda 3.
Pramod Kumar S/o Surendra Prasad R/o vill - Oli Bigha, PS. - Chandi, Distt. - Nalanda ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Kashyap, Adv.
For the informant : Mr. Raj Kumar, Adv. Mr. Rohit Kumar, Adv.
For the Opposite Party/s :
Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Salimpur P.S. Case No. 292 of 2023 dated 18.12.2023 registered for the offences punishable u/ss 285, 427, 120B of the Indian Penal Code and u/ss 15(2), 15(4) of the Petroleum and Minerals Pipe Lines Act, Section 3/4 Explosive Substance Act, Section 3/4 Prevention to Damage of Public Property Act and Section 7 E.C. Act.
3. As per the prosecution case, unknown miscreants
Patna High Court CR. MISC. No.46216 of 2024(3) dt.05-08-2024 2/3 are alleged to have tried to commit theft of the Indian Oil from the pipeline from which the petrol was flowing at high speed. The said act may cause damage to human life.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the F.I.R. The name of the petitioners has figured by the self confessional statement in Athmalgola P.S. Case No. 45 of 2024 and there is nothing against the petitioners except confessional statement. The occurrence took place on 15.12.2023 but the F.I.R. was lodged on 18.12.2023 after a delay of 3 days without any explanation. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have eight criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 22.03.2024.
5. Learned A.P.P. for the State and learned counsel for the informant have opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.46216 of 2024(3) dt.05-08-2024 3/3 learned Court concerned, Barh, Patna in connection with Salimpur P.S. Case No. 292 of 2023 with the condition :- (i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.
8. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T