Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9190 of 2016 Arising Out of PS.Case No. -1 Year- 2015 Thana -KATIHAR GRP CASE District- KATIHAR ====================================================== Sanjay Paswan Son of late Ram Kishun Paswan .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Vikram Singh, Advocate For the Opposite Party/s : Mr. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 3(a) and 4 of the Railway Property (Unlawful Possession) Act.

On information that theft of maize has been committed from the railway wagon No.ERB CNMS 49895, the house of one Ravindra Sah was raided from where 15 bags of maize were recovered. Taking lead from Ravindra Sah, the house of Tarun Vardhan was also raided from where 25 bags of maize were recovered, leading to registration of the present case. During course of investigation, the name of the petitioner being an employee of Railways sprang up in the confession of Deepak Kumar Das and Krishna Kumar Sah.

It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.9190 of 2016 (2) dt.29-02-2016 2/2 on 30.05.2015, the petitioner informed the Station Manager about rotating of Deepak Kumar Das and Krishna Prasad Sah around the railway wagon. Admittedly, there is no recovery from the possession of the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Rail Judicial Magistrate, Katihar in connection with RPF Post/Purnea Case No.1(6)15, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T