Vijay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12750 of 2020 Arising Out of PS. Case No.-11 Year-2019 Thana- MUZAFFARPUR RPF/POST DistrictSaran ====================================================== 1.

VIJAY MAHTO Son of Sukhdeo Mahto Resident of Village - Turki Chainpur Tola, P.S.- Kudhani, District- Muzaffarpur 2.

Neeraj Kumar Son of Manoj Ray Resident of Village - Turki, P.S.- Kudhani, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-03-2020 Counsel for the petitioners is permitted to make necessary correction in paragraph-10 of the main application in course of the day.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section 3 RP (UP) Act.

Allegedly, the petitioners were caught while both of them were attempting to steal two machines of water pump, fixed in the railway bogie.

It has been submitted on behalf of the petitioners that the petitioner No. 2 has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.12750 of 2020(2) dt.06-03-2020 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 19-11-2019. Charge sheet/Prosecution Report has already been submitted. The petitioners have been made accused in the present case due to mistake of fact. The petitioners were not caught with any stolen property of railway rather they were standing by side of the railway yard.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate (Railway), Sonepur, Saran in connection with MFP/RPF P.S. Case No. 11 of 2019. (Sudhir Singh, J) A.K.V.//- U T