Madhurendra Kumar Rai @ Madhurendra Kumar Yadav @ Gulten v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 10754 of 2024 Arising Out of PS. Case No.-03 Year-2023 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Madhurendra Kumar Rai @ Madhurendra Kumar Yadav @ Gulten, GenderMale, Aged about 20 years, Son of Ram Bodh Ray, Resident of VillageMasha Aalam, Ward No. 03, P.S.-Bairganiya, Distt.-Sitamadhi, State-Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhigyan Kumar, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with RPF/SMI Case No.-03 of 2023 registered for the offence under Section 3 of the Railway Property (Unlawful Possession) Act,1966.

3.

The allegation against the petitioner is to have stolen six batteries from battery room at Fatak No.76/B. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is not named in the FIR and he has falsely been implicated in the present case. It has further been submitted that nothing incriminating articles were

Patna High Court CR. MISC. No. 10754 of 2024(2) dt.22-02-2024 2/3 recovered from the conscious physical possession of the petitioner. It is further submitted that similarly situated coaccused has already been granted regular bail by this Court passed in Cr. Misc. No. 5288 of 2024 vide order dated 12.02.2024 and he is in custody since 14.10.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and alleged recovery has not been made from the conscious physical possession of this petitioner, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with RPF/S.M.I Case No.03 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Railway, Samastipur. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every

Patna High Court CR. MISC. No. 10754 of 2024(2) dt.22-02-2024 3/3 date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T