IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12139 of 2010 PAPPU DAS Versus STATE OF BIHAR ----------- 3 25.5.2010 Heard the learned counsel Sri Shekhar Kumar Singh on behalf of the petitioner, namely, Pappu Das, who is in custody since 8.1.2010 in Pasrha P.S. Case No.15/09 under sections 278/284/285/286/379/427/435/307 and 120(B) of the I.P.C., 3(kha)and 14 of Public Property Defacement Act, ¾ Explosive Substance Act and 80/33 (Ka) of Explosive Act. According to the prosecution case some unknown persons tried to commit theft of kerosene oil from the pipe line of the Indian Oil Ltd.,Barauni. The learned counsel for the petitioner submitted that the petitioner is a poor person having a shop by the side of N.H.31a small tea stall.According to the learned counsel the petitioner has been named only on suspicion and nothing has been recovered from his shop or from his possession. The learned counsel further submitted that the petitioner himself surrendered before the court below on 8.1.2010. On the other hand, the learned A.P.P. objected the prayer for bail of the petitioner. From perusal of the case diary it appears that only evidence against this petitioner is that some days prior to the lodging of the F.I.R. he got the parti land ploughed by tractor. Eight – ten labourers were seen digging the place of occurrence. Therefore, 2 there appears no direct evidence in the case diary against this petitioner at present and further the allegation is only to the extent that attempt was made. Considering the facts and circumstances of the case I direct that the petitioner be released on bail on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Khagaria. AnilKr.Sinha ( Mungeshwar Sahoo, J. )