Karu Mian @ Mustafa Mian v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.14233 of 2018 (2) dt.04-04-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14233 of 2018 Arising Out of PS.Case No. -117 Year- 2013 Thana -JHAJHA District- JAMUI ====================================================== Karu Mian @ Mustafa Mian S/o Sultan Mian, R/o Village- Dhodhari, P.S.- Simultalla, District- Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Amrendar Kumar S/o Indu Bhushan Pd. Singh, Hazaribagh Up Prachalan Prabandhak, at present Pradip Haldiya Barauni Pipe Line District- Begusarai.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Adv For the IOCL Mr. Krishna Chandra, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner, who is in custody since 11.05.2017, has renewed his prayer for bail in connection with Sessions Trial No. 304 of 2017, arising out of Jhajha P.S. Case No. 117 of 2013 for the offences alleged under Sections 379/511 of the Indian Penal Code and Sections 15 and 16 of the Petroleum and Minerals Pipeline Act, 1962 (Amendment Act, 2011) having earlier been rejected by this Court by order dated 09.11.2017 in Criminal Miscellaneous No. 51318 of 2017.
3. It is submitted that other similarly situated co-accused persons namely, Arjun Singh and Arjun Singh Yadav, Bimlesh Kumar @ Vimal Kumar, Sarvesh Kumar, Ravi Singh @ Ravi Kumar @ Raviya and Umed Singh @ Umedh Singh have been granted bail by this Court in Cr. Misc. No. 42019 of 2017. The petitioner claims clean antecedents.
Patna High Court Cr.Misc. No.14233 of 2018 (2) dt.04-04-2018
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and considering the period of custody already suffered since 11.05.2017, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge Ist, Jamui in connection with Sessions Trial No. 304 of 2017 arising out of Jhajha P.S. Case No. 117 of 2013 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T