Bambam Kumar Choudhary @ Pawan Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14572 of 2015 Arising Out of PS.Case No. -1 Year- 2015 Thana -RAIL District- LAKHISARAI ====================================================== Bambam Kumar Choudhary @ Pawan Kumar Choudhary Son of Brahmanand Choudhary@ Brahmadeo Choudhary .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Satish Kumar Sinha, Advocate For the Opposite Party/s : Ms. Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 3 R.P. (UP) Act.

It is alleged that a carriage fan, some screw driver and Armature of railways were recovered from the co-accused Pankaj Mandal and Niraj Kumar, who confessed that they used to sell the stolen articles of railways to the shop of this petitioner. It is submitted by learned counsel for the petitioner that there is no recovery from the possession of the petitioner and only on the basis of confessional statement of co-accused persons the petitioner has been roped in the present case. A statement has been made in paragraph 3 of the petition that the petitioner has no

Patna High Court Cr.Misc. No.14572 of 2015 (2) dt.11-05-2015 2/2 criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Kiul (Lakhisarai) in connection with RPF Jamalpur Post Case No.01 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bond of the petitioner will be accepted on filing of the affidavit by the petitioner before the learned court below to the effect that he will regularly co-operate in the investigation. Non-cooperation in the investigation by the petitioner will give liberty to the learned court below to cancel the bail bonds of the petitioner.

(Dinesh Kumar Singh, J) Ashwini/- U T