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Patna High CourtCR. MISC./25021/2016bail granted

Pankaj Singh v. The State Of Bihar

2016-08-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25021 of 2016 Arising Out of PS.Case No. -12 Year- 2014 Thana -BAUSI District- PURNIA ====================================================== Pankaj Singh Son of late Manik Prasad Singh Resident of Katihar More Khuskibagh, PS Sadar, District Purnia.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance:

For the Petitioner : Mr. Kaushal Kishor For the Opposite Party : Mr. Madhuri Lata(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-08-2016 Heard both the sides.

The petitioner apprehends his arrest in Baisi P.S. Case No. 12 of 2014 registered for the offences punishable under Sections 379, 411, 414, 120(B) and 34 of the Indian Penal Code and Sections 3 / 4 of the Damage of Public Properties Act. One tanker was seized and it transpires that the owner and driver of the tanker were committing theft of crude oil passing through the pipelines. It is submitted that petitioner is not named in the F.I.R. Nothing has been recovered from the possession of the petitioner. One Mojahid was arrested and he is said to have confessed his guilt. Mojahid disclosed the name of the petitioner. Save and except the confessional statement of Mojahid, there is absolutely no other evidence against the petitioner. Call Details Report of the phone of the petitioner was also taken but it

Patna High Court Cr.Misc. No.25021 of 2016 (3) dt.11-08-2016 2/2 has nowhere come that the petitioner was in the vicinity of the place of occurrence either on 15.01.2014 or 16.01.2014. Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., II, Purnia, in connection with Baisi P.S. Case No. 12 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rajiv/- U T