Patna High Court - Orders
Ajay Roy & Anr vs The State Of Bihar on 14 August, 2014
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14087 of 2014
Arising Out of PS.Case No. -12 Year- 2014 Thana -PASRAHA District- KHAGARIA
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1. Ajay Roy Son Of Bhageshwar Roy (Driver Of Tank Lorry No-NL-
04A/6284) Resident Of Village- Saidpur, P.S.- Dariyapur, Dist.-
Chhapara
2. Gambhir Kumar Son Of Binda Roy (Khalasi Of Tran Lorry No-
NL04A/6284) Resident Of Village- Baksama, P.S.- Goroul, Dist.-
Vaishali
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioners : Mr. Nalin Kumar, Advocate
For the State : Mr. Md. Ansural Haque, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
4 14-08-2014Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek bail in Pasraha P.S. Case No. 12 of 2014 dated 24.01.2014 instituted under Sections 420/379 of the Indian Penal Code and 7 of the Essential Commodities Act. Patna High Court Cr.Misc. No.14087 of 2014 (4) dt.14-08-2014 2/3
Learned counsel for the petitioners submits that though in the F.I.R. it has been stated that after cutting, gas was being taken out but from the seizure list it would be apparent that it was the other lorry from which the same was being done and also there has been recovery of gas cutting material and pipe from the other lorry and the gas lorry of the petitioners, who are driver and khalasi respectively was standing behind the other lorry and that they have been made accused purely on suspicion. Learned counsel submits that the petitioners having clean antecedent are in custody since 25.01.2014. It is submitted that co-accused Anil Singh @ Toto Singh from whose line hotel gas cutting equipments and gas cylinders have been recovered has been granted bail on 02.08.2014 in Cr. Misc. No. 13217 of 2014.
Learned A.P.P., upon going through the case diary, does not dispute the aforesaid position.
Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in Pasraha P.S. Case No. 12 of 2014. The petitioners and the bailors shall execute bond with regard to good behaviour of the Patna High Court Cr.Misc. No.14087 of 2014 (4) dt.14-08-2014 3/3 petitioners. The petitioners shall also give an undertaking to the Court that they shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of their bail bonds. The petitioners shall cooperate in the trial and be present before the Court on each and every date. Failure to do so on two consecutive dates, without sufficient cause, shall also lead to cancellation of their bail bonds.
(Ahsanuddin Amanullah, J.) Anjani/-
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