Md. Subhani Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40846 of 2017 Arising Out of PS.Case No. -341 Year- 2017 Thana -PATNA GRP CASE District- PATNA ====================================================== Md. Subhani Raja, Son of Md. Siraj, Resident of China Kothi, P.S.- Budha Colony, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Indu Bhushan, Adv. For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-09-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 26.06.2017 in connection with GRP Patna P.S. Case No. 341/2017, for the offences punishable under Sections 401 and 414 of the Indian Penal Code and sections 137 and 147 of the Railway Act.

The prosecution case as lodged by the Patna Junction police is that on secret information that some criminals have assembled at platform no. 10, the police apprehended five persons and from possession of the petitioner two blades and Rs. 1200/- was recovered.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.40846 of 2017 (2) dt.18-09-2017 2/2 petitioner is that petitioner is innocent bears no criminal history and he is a broom seller and the money belonged to him. He submits that blade was used for cutting the broom to size and that no overt act is alleged to have been committed by the petitioner. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner named above, be enlarged on bail on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Railway, Patna in connection with G.R.P. Patna P.S. Case No. 341/2017, subject to the condition that one of the bailors would be a close relative of the petitioner.

(Nilu Agrawal, J) Vinita/- U T