High CourtsSingle Bench(2020) 08 JH CK 0041

Manoj Kumar Das And Ors vs State of Jharkhand

Jharkhand High Court · Decided on 10 August 2020

HON’BLE JUDGES
Ananda Sen, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 4750 of 2020

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Judgment

16 paragraphs · 309 words

Heard learned counsel for the petitioner, the learned A.P.P. for the

State and the counsel appearing for the informant, through Video Conferencing. The lawyers have no objection with regard to the proceeding which

has been held through video conferencing today at 10.30 a.m.. They have no complain with respect to the audio and video clarity and quality.

Defects are ignored.

Petitioner is an accused for allegedly committing the offence punishable under Sections 379, 511, 120(B) of the Indian Penal Code, Sections 3/4 of the

Explosive Substance Act, and Sections 15(2), 15(4) and 16 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962

(As amended by Amendment Act of 2011) in connection with Kurkura Police Station Case No. 05 of 2019, pending in the Court of the Judicial

Magistrate, Gumla.

This is a case where some unknown persons damaged the pipeline of Indian Oil Corporation Limited, thereby attempting to steal petroleum.

Admittedly, the petitioners are not named in the FIR. It is admitted that the petitioners have been made accused in this case on the basis of Call Detail

Report as the location of the Petitioner in the Call Detail Report, matched with the place of occurrence. There is no eye witness to the said

occurrence and no one has seen the Petitioner committing the occurrence.

Considering the fact that there is no eye witness to the occurrence and the manner in which the petitioners have been implicated in this case, I am

inclined to grant bail to the petitioners. Accordingly, petitioners, namely, Manoj Kumar Das and Siyaber Mahto, are directed to be released on bail on

furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial

Magistrate, Gumla in connection with Kurkura Police Station Case No. 05 of 2019.