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Patna High CourtCR. MISC./51164/2017bail granted

Shambhu Das @ Shambhu Burnwal @ Shambhu Sinduria v. State Of Bihar And ANR

2017-11-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51164 of 2017 Arising Out of PS.Case No. -12 Year- 2012 Thana -SIMULTALA District- JAMUI ====================================================== Shambhu Das @ Shambhu Burnwal @ Shambhu Sinduria, son of Huro Modi, resident of village Bichkorwa, P.S. Chakia, District Jamui .... .... Petitioner

Versus

1. State of Bihar

2. Amrendar Kumar, son of Indu Bhushan Pd. Singh, resident of village Hazaribagh at present Deputy Manager, Paradip Haldiya Barauni Pipeline, District Begusarai .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Sinha For IOCL : Mr. Krishna Chandra For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 290 of 2016, arising out of Simultalla P.S.Case No. 12 of 2012 registered for the offences punishable under Sections 379/511 of the Indian Penal Code and 15/16 of Petroleum and Mineral Pipe Line Act.

Allegation against the petitioner is of committing theft of petroleum product from pipe line running from Haldiya to Braauni.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and nothing has been recovered from his possession and he is in custody for more than three months.

Patna High Court Cr.Misc. No.51164 of 2017 (3) dt.15-11-2017 2/2 Heard learned APP and learned counsel for IOC. They have opposed the prayer for bail.

Having heard both sides and in the facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II, Jamui, in connection with Sessions Trial No. 290 of 2016, arising out of Simultalla P.S.Case No. 12 of 2012, subject to the following conditions :

(1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioner shall co-operate in trial and appear on each and every date in court, failing which his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U