Mundan Khan @ Munnan Khan @ Mahboob Khan @ Mahboob v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61439 of 2018 Arising Out of PS. Case No.-340 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== Mundan Khan @ Munnan Khan @ Mahboob Khan @ Mahboob, S/o Md. Mozibool Khan, Resident of Village- Devna, P.S.- Barauni, DisrtrictBegusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ansul For the Opposite Party/s :

Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-10-2018 Heard both sides.

The petitioner seeks bail in Barauni P.S. Case No.340 of 2018, registered under Sections 413 and 414 of the Indian Penal Code and under Section 7 of the Essential Commodities Act.

The informant, a police officer, on secret information raided the place and intercepted a tanker bearing Registration No. NA7KH/2521. The driver Binod Bisunke and cleaner Yuvraj Dharti of the tanker were arrested. 19,950 liters of stolen diesel was found inside the tanker. The driver and cleaner disclosed that the petitioner and two others are involved in theft of diesel from the refinery but petitioner was not apprehended on the spot. Nothing has been recovered from the possession of

Patna High Court Cr.Misc. No.61439 of 2018(2) dt.06-10-2018 2/2 the petitioner. Save and except the so called confession of the driver and cleaner, there is no incriminating material collected during the course of investigation.

Considering the facts aforesaid that the name of the petitioner surfaced in the case on the basis of the so called confession made by the driver and cleaner of the tanker in which huge quantity of stolen diesel was found, petitioner, above named, 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 the learned CJM, Begusarai in connection with Barauni P.S. Case No.340 of 2018. (Prabhat Kumar Jha, J) S.KUMAR/- U T