A bail petition filed by two accused persons in a case involving alleged kerosene adulteration. The high court allowed bail on furnishing security and producing sureties.
Released on bail bond of Rs.10,000 each with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.39459 of 2014 (3) dt.14-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39459 of 2014
Arising Out of PS.Case No. -225 Year- 2014 Thana -DUMRA District- SITAMARHI ====================================================== 1. Bhola Singh, S/O Late Rajendra Singh, Village- Methaura, P.S.- Dumra, District- Sitamarhi. 2. Santosh Kumar Pandey, S/O Shashi Kumar Pandey, Village- Baghari, P.S.- Runni Saidpur, District- Sitamarhi. .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. Dudh Nath Sing, Advocate. For the Opposite Party/s : Mr. Ram Sumiran Roy (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
3 14-01-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners are accused in connection with Dumra P.S. Case No. 225 of 2014 registered under Section 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act.
The allegation is that on secret information, the house of petitioner, Bhola Singh, was searched by the informant and found that both petitioners were loading Kerosene Oil from one drum to another drum and they were also mixing Gear Oil and Himganga heir oil in the said Kerosene oil to convert the Kerosene Oil as diesel. Further allegation is that informant seized one thousand Kerosene Oil contained in five drums and also one
Patna High Court Cr.Misc. No.39459 of 2014 (3) dt.14-01-2015
thousand mixed Kerosene Oil contained in six drums but on demand no valid paper produced by the petitioners to keep the Kerosene oil.
Learned counsel for the petitioners submits that, in fact, petitioners had kept diesel for agriculture purpose and they have falsely been implicated in this case mere on suspicion. It is further submitted that while the charge sheet has been submitted but there is no report that alleged seized Kerosene oil was adulterated. It is further submitted that petitioners have no criminal antecedent and are in custody since 16.07.2014.
Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Dumra P.S. Case No. 225 of 2014.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether the petitioners retained under arrest should be released on bail.
2 provisions across 2 enactments
Bhola Singh
Santosh Kumar Pandey
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
