Patna High Court - Orders
Rajesh Kumar @ Hari Kishore Rai vs The State Of Bihar on 22 November, 2013
Author: Gopal Prasad
Bench: Gopal Prasad
+IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 20039 of 2013
======================================================
Nandu Kumar Bharti @ Nandu Bharti, S/O Shri Jagdish Ravidas, Resident
of Village - Ratanpur, Police Station - Gidhaur, District - Jamui
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
With
Criminal Miscellaneous No. 25087 of 2013
======================================================
Rajesh Kumar @ Hari Kishore Rai, S/O Sri Rajendra Rai, R/O Vill. -
Gopalpur, P.S. - Paru, District - Muzaffarpur
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
With
Criminal Miscellaneous No. 34993 of 2013
======================================================
Kundan Paswan, Son of Mauji Paswan, resident of village Barahara, P.S.
Halsi, District - Lakhisarai
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
With
Criminal Miscellaneous No. 32862 of 2013
======================================================
Ravindra Sharma, Son of Bhola Sharma, Resident of Village - Dadhi Seer,
P.S.- Chanan, District - Lakhisarai
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
With
Criminal Miscellaneous No. 27528 of 2013
======================================================
Bideshi Yadav, S/O Late Chamru Yadav, Resident of Village - Makdampur,
P.S.- Lakhisarai, District - Lakhisarai
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
With
Criminal Miscellaneous No. 25853 of 2013
Patna High Court Cr.Misc. No.20039 of 2013 (3) dt.22-11-2013 2
======================================================
Prakash Mandal @ Prakash Kumar, S/O Late Shibu Mahto, Resident of
Village Sangrampur, P.S. Chanan, District Lakhisarai
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
With
Criminal Miscellaneous No. 24984 of 2013
======================================================
Surendra Mandal, Son of Ram Charitar Mandal, Resident of Village -
Makdumpur, P.S. - Lakhisarai, District - Lakhisarai
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD
ORAL ORDER
3 22-11-2013Heard learned counsel for the petitioners and learned counsel for the State.
These petitions are for grant of regular bail in a case under Sections 420, 120(B), 379 of the Indian Penal Code as well as Sections 15, 16 of the Indian Petroleum and Mineral Pipe Line Act.
The allegation is with regard to the theft of petroleum from main pipeline.
The First Information Report is against unknown. Learned counsel for the petitioners submits that the only material against the petitioners is the confessional statement of the co-accused.
Learned counsel for the State, however, contended that Patna High Court Cr.Misc. No.20039 of 2013 (3) dt.22-11-2013 3 except the confessional statement, there is nothing against the petitioners in the case diary.
Learned counsel for the informant, however, contended that from perusal of the confessional statement read with the seizure list and the material collected during the investigation, it may be presumed that the petitioners are accused for the offence under Sections 15 and 16 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 for committing theft of petroleum. It is also submitted that there is material to implicate the petitioners in the crime and there is no reason for disbelieving the prosecution version that the petitioners are guilty for such offence and further Section 16C of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Amendment Act, 2011 provides that no person accused of an offence punishable under sub-section 4 of Section 15 of the Act shall be released on bail unless Court after hearing the Public Prosecutor is satisfied that there are reasonable ground for believing that he is not guilty of such offence. However, the material produced and placed is only the confessional statement of the co-accused. The other material is the seizure list contained in paragraph 17 of the supplementary case Patna High Court Cr.Misc. No.20039 of 2013 (3) dt.22-11-2013 4 diary. It has further been argued that from the call details, it appears that these petitioners were indulged in the crime. However, the materials placed are mainly on confessional statement before police which is not admissible in evidence and other material has no nexus with Section 15(4) of the Act.
Hence, having regard to the facts and circumstances of the case, the petitioners above named are ordered to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P. S. Case No. 11 of 2013, subject to the condition that the petitioners shall appear in the case on each and every date fixed by the court below and any absence of the petitioners shall be subject to the satisfaction of the court below on reasonable grounds and the petitioners shall co-operate with the trial.
(Gopal Prasad, J.) Kundan/-