Rocky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6595 of 2022 Arising Out of PS. Case No.-19 Year-2021 Thana- GAYA RPF/POST District- Gaya ====================================================== Rocky Kumar, S/O Ashok Paswan, R/o village- Dhaniya Bagicha, P.S.- Delha, District, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Gaya R.P.F. P.S. Case No. 19/21 registered for the alleged offences under Section 3 of R.P. (U.P.) Act. Allegedly, the petitioner was caught committing theft of railway property.

It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the present case. Nothing has been recovered from the possession of the petitioner. The charge sheet has been submitted in this case and the petitioner is in custody since

Patna High Court CR. MISC. No.6595 of 2022(2) dt.25-07-2022 2/2 10.09.2021 and is having clean antecedent.

The learned APP has opposed the prayer for bail made on behalf of the petitioner.

However, consider the fact that the petitioner is in custody since 10.09.2021 for charges of stealing the railway property and charge sheet has been submitted, 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, Gaya in connection with Gaya R.P.F. P.S. Case No.19 of 2021, subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioner, preferably one of his parents. (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) The petitioner will not commit similar type of offences in future.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T