Afsar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3796 of 2019 Arising Out of PS. Case No.-84 Year-2018 Thana- KATIHAR GRP CASE District- Katihar ====================================================== Afsar Alam, son of Md. Mijamuddin @ Md. Nazamuddin, Resident of village-Mahalgaw, P.S-Araria Mahalgaw, Dist-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate.

For the Opposite Party/s :

Syed Mojibur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-02-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Katihar Rail P.S. Case No. 84 of 2018, instituted for the offence under Section(s) 414/34 of the Indian Penal Code, Sections 137 and 147 of Indian Railway Act.

Counsel for the petitioner submits that petitioner has been arrested merely on suspicion.

It is alleged in the written report that when checking of train was going on at Katihar Railway Station the informant found two persons standing at platform No. 1 near Kolkata Jogbani Chitpur Express. On seeing the police party, they tried to run away. They were apprehended by the checking party who disclosed their name as petitioner and Md. Rukman. It is

Patna High Court Cr.Misc. No.3796 of 2019(3) dt.08-02-2019 2/2 further alleged that during course of checking, several suspicious articles have been recovered from their possession. Counsel for the petitioner submits that police got signature of the petitioner on the seizure list by force. There is no any claimant of aforesaid articles as alleged to be recovered from possession of the petitioner.

Petitioner is in custody since 3.10.2018.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Katihar, in connection with Katihar Rail P.S. Case No. 84 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T