Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7551 of 2016 Arising Out of PS.Case No. -3 Year- 2015 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ====================================================== Banti Kumar Son of Ramesh Prasad Singh Resident of village + P.O. Chamatha, P.S. Bachhawara, District - Begusarai .... .... Petitioner

Versus

1. The State of Bihar

2. Commandant, Railway Protection Force, Samastipur, Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vikram Deo Singh, Adv. Mr. Kumar Rajeev, Adv.

For the Railways : Mr. Anil Kumar Sinha, Adv. Mr. Abhimanyu Vatsa, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-04-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned counsel, appearing on behalf of the Railways.

This application for grant of anticipatory bail arises out of R.P.F.(S.P.) P.S.Case No. 3/2015, disclosing offences under section 3 of the R.P. (U.P.) Act,1966.

The petitioner at the relevant point of time was posted as a Commercial Clerk in the office of the Commercial Superintendent, Samastipur Railway Station. In the absence of Commercial Superintendent, a bag containing a sum of Rs.6,03,444/- was stolen away from his office. As the Commercial Superintendent did not promptly inform the Railway Protection Force regarding

Patna High Court Cr.Misc. No.7551 of 2016 (4) dt.04-04-2016 theft of the said Railway property, suspecting his involvement in occurrence, the Commercial Superintendent Sohail Ansari was named as an accused in the F.I.R.

Learned counsel for the petitioner submits that on the basis of C.C.T. footage, one Pankaj Kumar Singh was arrested and from his possession an amount of Rs.7,72,495/- has been recovered. The petitioner apprehends his arrest because the said Pankaj Kumar Singh in his confessional statement in course of investigation is said to have disclosed the name of the petitioner with whose connivance he had committed the offence. Learned counsel, appearing on behalf of the petitioner, submits that there is no material against him, except the aforesaid confessional statement of Pankaj Kumar Singh. Considering the above, this application is allowed and the provisional bail granted to the petitioner by this Court vide order dated 18.3.2016 in connection with R.P.F.(S.P.) P.S.Case No. 3/2015 pending in the court of Judicial Magistrate (Rail), 1st Class, Samastipur is, hereby, confirmed.

(Chakradhari Sharan Singh, J) Surendra/- U

Patna High Court Cr.Misc. No.7551 of 2016 (4) dt.04-04-2016