Sikendra Ram @ Shikindra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56174 of 2025 Arising Out of PS. Case No.-150 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.
Sikendra Ram @ Shikindra Ram S/o- Late Basjeet Ram Resident of Village - Ramgarh Mahuawa, P.S. - Piprakothi, District - East Champaran 2.
Bipin Kumar Yadav @ Vipin Kr. Yadav S/o- Bhola Rai Resident of Village - Ramgarh Mahuawa, P.S. - Piprakothi, District - East Champaran 3.
Kamlesh Kumar S/o- Late Baleshwar Singh Resident of Village - Barkurwa P.S. - Piprakothi, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar, Advocate For the State :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-08-2025 Heard Mr. Madhurendra Kumar, learned counsel for the petitioner and learned APP representing the State.
2. The petitioners are in custody in connection with Pipra Kothi P.S. Case No. 150 of 2025 for the offence punishable under sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita and section 3 of the Protection of Damage to Public Property Act, 1984 and section 15 of the Protection of Petroleum and Mineral Pipeline Act, 1934 and section 7 of the Essential Commodities Act, 1955, lodged on 16.05.2025 by the informant, Rajveer.
3. As per the prosecution story, the informant alleged
2/4 that upon secret information, some miscreants are present in Pradhan Dhaba indulge in the illegal act of collecting/sell of gas/diesel/petrol, raided the said place, apprehended Jahid Hussain and Umesh Yadav and there is recovery/seizure of 620 liters petrol, 200 liters diesel and one Honda generator beside 20 pieces gas cylinders of HP Company, 18 pieces of Indian Oil, one drill machine, one gas cutting machine and one Bajaj Scooter.
4. Learned counsel for the petitioners submit that they do not own the Pradhan Dhaba which is being run by Vinod Singh and Shrikant Yadav, only on suspicion, they have been named. Further submission is that similar situate others namely Jahid Hussain and Umesh Yadav have been granted relief in Cr. Misc. No. 47392 of 2025.
5. Let the same be kept on record.
6. Learned APP opposes the prayer for bail submitting that these petitioners are not only indulging in illegal activities, it is also threat to the nearby people as also those visiting the Dhaba inasmuch as in case of any accident, the level of injury can very well ascertained.
7. Considering the submissions of the parties as also their period of custody, they have no criminal antecedent and
3/4 similar situate have been granted bail as stated above, in that background, this Court is inclined to extend them the privilege of bail with conditions.
8. Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, First Class, Sadar, East Champaran, Motihari, in connection with Pipra Kothi P.S. Case No. 150 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for six months to mark their attendance;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
4/4 cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) vinayak/- U T