Shambhu Burnwal @ Shambhu Das @ Shambhu Sinduriya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34775 of 2017 Arising Out of PS.Case No. -35 Year- 2014 Thana -SIMULTALA District- JAMUI ======================================================

1. Shambhu Burnwal @ Shambhu Das @ Shambhu Sinduriya Son of Huro Das, Resident of Village-Bichkakha, Police Station Chakai, District Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-08-2017 The petitioner seeks regular bail in connection with Simultalla P.S. Case No. 35 of 2014, registered for offences punishable under Section 379/511 of the Indian Penal Code and Section 15(2), 15(4) of P.M.P. (Amendment) Act. Allegation against the petitioner is of stealing petrol from the pipe line of Petroleum Refinery.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and has been in judicial custody since 29.07.2016 and so far criminal antecedents are concerned, it is submitted that he has been made accused in one case and, thereafter, remanded in twenty other cases. Further other co-accused having similar allegation has already been granted bail by a coordinate Bench of this Court vide order dated

11.01.2017 passed in Criminal Miscellaneous No. 661 of 2017. Heard learned A.P.P. also.

Having heard both sides, in view of the facts as stated above and also in view of the fact that petitioner has been judicial custody for more than one year and other co-accused has already been granted bail, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Jamui, in connection with Simultalla P.S. Case No. 35 of 2014, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates

without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T