Md. Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6871 of 2020 Arising Out of PS. Case No.-26 Year-2019 Thana- GAYA RPF/POST District- Gaya ====================================================== MD. NAUSHAD S/O Md. Istayaque Alam R/o Village - Obra, P.S. - Obra, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 3 of RP (UP) Act.

The prosecution case in short is that the accused persons have stolen computers and printers belonging to the railway.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.10.2019 and has got no criminal antecedent. There is no allegation of tampering of

Patna High Court CR. MISC. No.6871 of 2020(3) dt.05-06-2020 2/2 witnesses alleged against the petitioner. Prosecution report has been submitted in the present case. The petitioner has falsely been implicated in the present case. The petitioner had no knowledge that the computers and other accessories of the computers kept in the car were railway properties. There is no compliance of Section 100 of the Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of learned Railway Judicial Magistrate, Gaya in connection with Gaya RPF Post P.S. Case No. 26/2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T