Sudarshan Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44524 of 2024 Arising Out of PS. Case No.-9 Year-2023 Thana- PANDARAK District- Patna ====================================================== 1.

Sudarshan Lal Son of Shailendra Kumar Resident of Village - Oli Bigha, P.S. - Chandi, District - Nalanda.

2.

Aryan Raj Son of Prem Kumar Resident of Village - Oli Bigha, P.S. - Chandi, District - Nalanda.

3.

Pramod Kumar Son of Surendra Prasad Resident of Village - Oli Bigha, P.S. - Chandi, District - Nalanda.

... ... petitioner/s

Versus

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

For the petitioners/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Pandarak P.S. Case No. 9 of 2023 instituted for the offences under Sections 379 and 511 of the Indian Penal Code and Sections 3⁄4 of the Prevention to Damage of Public Property Act.

3. The allegation against the petitioners along with others is of engaging in the theft of Petroleum from the Pipe Lines of Indian oil.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Petitioners are not named in the FIR and the same

Patna High Court CR. MISC. No.44524 of 2024(2) dt.27-06-2024 2/3 has been lodged against unknown persons. The name of the petitioners have come into light merely on the basis of suspicion. The petitioners has got no concern with the alleged occurrence. No incriminating article has been recovered from the conscious possession of the petitioners. The petitioners are in custody since 06.03.2024 and have eight criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pandarak P.S. Case No. 9 of 2023, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioners.

(ii) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.44524 of 2024(2) dt.27-06-2024 3/3 two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Arish/- U T