Rakesh Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26059 of 2018 Arising Out of PS.Case No. -437 Year- 2016 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Rakesh Kumar Singh, Son of Krishna Prasad Singh, Resident of VillageKhanpur Pakri, P.S.- Bidupur, District- Vaishali.

2. Sanjeev Kumar, Son of Late Kartik Singh, Resident of VillageGalimpur, P.S.- Haweli Kharagpur, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-05-2018 Heard both sides.

The petitioners apprehend their arrest in Barauni P.S. case No. 437 of 2016 under Section 413, 414, 34 of the Indian Penal Code and under Section 7 of the E.C. Act. The informant, S.H.O. of Garhara P.S. got information about the theft of diesel from the Garhara railway yard and on such he raided the place. The police found different vehicles lying loaded with gallons filled with diesel. Two persons, namely, Shri Ram Rai and Rajnish Kumar were apprehended who disclosed the names of Sukesh @ Dablu Singh and Niraj Rai. The learned counsel for the petitioners submits that petitioners are not named in the FIR. The petitioners are

Patna High Court Cr.Misc. No.26059 of 2018 (2) dt.04-05-2018 2/2 Constables. During the course of investigation the superior authority supervised the case and made suspicion on the persons who were posted in the Garhara yard and on such suspicion the names of the petitioners have surfaced in the case. Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their 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 are 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 Sub divisional Judicial Magistrate, Begusarai in connection with Barauni P.S. case No. 437 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T