Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48328 of 2024 Arising Out of PS. Case No.-292 Year-2023 Thana- SALIMPUR District- Patna ====================================================== Manish Kumar Son of Sukram Yadav Resident of Vill- Biskurwa, P.S.- Belchhi, District- Patna ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mayashankar Mishra For the IOCL :
Mr. Raj Kumar For the Opposite Party/s :
Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner, learned counsel for the IOCL and learned A.P.P for the State.
2. The petitioner has 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 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.
Patna High Court CR. MISC. No.48328 of 2024(4) dt.21-09-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Sudesh Kumar. The other co-accused persons have already been granted bail by this court vide order dated 05.08.2024 passed in Cr. Misc. No. 46216/2024. The petitioner is accused in eight other criminal cases stated in para 3 of the bail petition and Supplementary Affidavit. The petitioner is in custody since 22.03.2024.
5. Learned A.P.P. for the State and learned counsel for the IOCL have vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barh, Patna in connection with Salimpur P.S. Case No. 292 of 2023, with the conditions:- (i). The petitioner is directed to remain physically
Patna High Court CR. MISC. No.48328 of 2024(4) dt.21-09-2024 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled (ii). The court below shall verify the criminal antecedent of the petitioner and at any stage, if it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T