Rajeev Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39515 of 2015 Arising out of PS.Case No. -12 Year- 2015 Thana -BEGUSARAI GRP CASE DistrictBEGUSARAI ====================================================== Rajeev Rai, son of Suraj Rai, resident of Village - Karor Khaiyapur, P.S. - Cheria Bariarpur, District - Begusarai.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Raj Kumar Sinha, Advocate. For the Opposite Party : Mr. Ashok Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 26.03.2015 in connection with Barauni Rail P.S. Case No. 12 of 2015 for the offences instituted under Section 379 of the IPC. The prosecution story, in brief, is that on 24.03.2015, when the informant, a passenger of Mithila Express, was traveling to Muzaffarpur and when the train stopped at Barauni Junction, the accused petitioner started getting down with his V.I.P. red colour luggage to which he noticed and caught him. The Escort Party also arrived there and on query the caught person disclosed his name Rajeev Mahton, i.e., the accused petitioner.

Patna High Court Cr.Misc. No.39515 of 2015 (3) dt.12-10-2015 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.03.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. The petitioner is said to have been made accused in the present case due to mistake of fact. Other passengers of the train had asked the petitioner to pass the bag upon which he under good faith acted and passed the bag in question.

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

Considering the period under custody, 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 the learned Railway Judicial Magistrate, Barauni, District-Begusarai, in connection with Barauni Rail P.S. Case No. 12/2015.

U.K./- (Sudhir Singh, J) U T