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Judgment
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.
