Paramveer Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41702 of 2017 Arising Out of PS.Case No. -117 Year- 2013 Thana -JHAJHA District- JAMUI ====================================================== Paramveer Yadav Son of Late Ras Bihari Yadav Resident of Village - Punsiya, P.S. Rajoun, District - Banka.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Amrendra Kumar son of Sri Indu Bhushan Prasad Singh Dy. Manager, (Prachalan), Paradip - Haldia-Barauni, Pipe Line, Indian Oil Corporation Limited, P.O. Barauni Oil Refinery, District - Begusarai (Bihar). .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Adv. For the Opposite Party/s : Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-09-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner seeks bail in connection with Jhajha P.S. Case No. 117/2013, for the offences punishable under Sections 379 and 511 of the Indian Penal Code and sections 15, 16 of the Petroleum & Minerals Pipe Line Act.
The prosecution case as lodged by the informant the Deputy Manager (Prachalan), Barauni Oil Refinery, Begusarai is that pilferage of petroleum was found from the pipeline of Petroleum Refinery. Accordingly, F.I.R. was registered. It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.41702 of 2017 (2) dt.19-09-2017 2/3 petitioner that although the F.I.R. was lodged in the year 2013, but all of a sudden the petitioner has made accused in the present case along with three other cases of similar nature in quick succession. He submits that it is only on the basis of confessional statement of the petitioner before the police which has no evidentiary value in the eye of law he has been made accused. He has been remanded in the present case and is languishing in judicial custody since 11.05.2017 only on the basis of suspicion.
However, learned A.P.P. for the State opposes the prayer for bail stating therein that petitioner is a habitual offender. As many as ten cases are pending against him, some of which are of similar nature.
Considering the facts and circumstances and materials on record, let the petitioner named above, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 117/2013, subject to the condition that one of the bailors would be a close relative of the petitioner and if the petitioner is found to have indulged in similar offence in future, the prosecution will be at liberty to move the learned court below
Patna High Court Cr.Misc. No.41702 of 2017 (2) dt.19-09-2017 3/3 for cancellation of his bail bonds.
(Nilu Agrawal, J) Vinita/- U T