Patna High CourtCR. MISC./70310/2024bail granted

Jitendra Kumar Sahni v. The State Of Bihar

2024-12-06Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70310 of 2024 Arising Out of PS. Case No.-137 Year-2024 Thana- BARHIYA District- Lakhisarai ====================================================== Jitendra Kumar Sahni Son of Late sajjan Sahni Resident of Village- Ward No. 7, Koraiya, P.S.- Garhpura, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-12-2024 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the IOCL; Sri Raj Kumar.

2. The petitioner seeks regular bail in the present case registered for the offence under Sections 285, 379, 427/34, 120B of the Indian Penal Code, Section 15(2) and 15(4) of the Petroleum and Mines Act, Section 3⁄4 of the Explosive Substance Act and Section 7 of the Essential Commodities Act.

3. As per the prosecution case, thieves extracted oil from the Paradip-Haldiya-Barauni petroleum pipeline.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR, neither any incriminating article has been recovered from the possession of the petitioner nor the petitioner has been arrested from the place of occurrence. Petitioner is in custody since 05.06.2024.

Patna High Court CR. MISC. No.70310 of 2024(2) dt.06-12-2024 2/2

5. Learned A.P.P. for the State and the learned counsel for the I.O.C.L. have vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail and on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, Lakhisarai/concerned Court below in connection with Barhiya P.S. Case No. 137 of 2024 subject to conditions that:- (i). The petitioner will mark his attendance at the Gadhpura Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(ii). In the future, if the petitioner is found involved in any further crime, the court below will be at liberty to cancel the bail bond of the petitioner.

(Sandeep Kumar, J) Shishir/- U T