The Patna High Court granted bail to Harendra Chaudhari, accused in a case involving the illicit unloading of petrol and diesel. The court directed release upon furnishing a bond of Rs. 10,000.
Bail granted on furnishing a bond of Rs. 10,000 with two sureties of the like amount each, one being a close relative.
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.17816 of 2016 (2) dt.02-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17816 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Harendra Chaudhari, son of Asrafi Chaudhari, R/o Village Hathianhi, P.S.Pipra Kothi, Dist. East Champaran .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajiv Ranjan Singh, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 02-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Pipra P.S. Case No. 29 of 2016 registered under Sections 379 and 411 of the Indian Penal Code and Section 7 of the Essential Commodities Act.
The accusation is that on receiving secret information about unloading petrol and diesel from the tankers, which was standing in the line hotel of Raju Singh, the police reached there where some plastic containers, durms and in two drums diesel and petrol were found. On the spot, seven persons including the petitioner and Raju Singh were apprehended by the police.
Patna High Court Cr.Misc. No.17816 of 2016 (2) dt.02-05-2016
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case as he was present at the time of raid being servant in the line hotel. Further submission is that petitioner has no criminal antecedent and is in custody since 24.02.2016.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, in connection with Pipra P.S. Case No. 29 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in connection with the case regarding unloading of petrol and diesel.
Whether the petitioner, being a servant at the time of the raid and first accused, qualifies for bail.
3 provisions across 2 enactments
Harendra Chaudhari
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
