Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12244 of 2015 Arising Out of PS.Case No. -31 Year- 2013 Thana -SARAN GRP CASE District- SARAN ======================================================

1. Rajesh Kumar son of Saydul Kumar resident of Mohalla - N.H. 108, New Shastri Nagar, Near Bus Stand, P.S 01NO Pathankot, DistrictPathankot, Punjab .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Satyendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-05-2015 The petitioner is apprehending his arrest in connection with Chapra (Kachhari) Rail P.S. Case No. 31 of 2013 for the offence under Sections 379/34 of the Indian Penal Code.

Heard learned counsel for the petitioner and the State.

The prosecution story, in brief, is that the ladies purse of the informant was theft from the running train containing ornaments, camera, watches, PAN Card of various Bank etc.

It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Further, it has been submitted on behalf of the petitioner that in course of investigation, it has come that on the alleged date of incident the petitioner was on duty and the name of the petitioner

Patna High Court Cr.Misc. No.12244 of 2015 (3) dt.21-05-2015 has appeared in the present First Information Report due to mistake of fact.

On behalf of the State, it has been submitted that in course of investigation it has come that on the alleged date of occurrence the petitioner was on leave and was not on duty. Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of eight weeks, 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 learned Railway Judicial Magistrate, Sonepur at Saran in connection with Chapra (Kachhari) P.S. Case No. 31 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Sudhir Singh, J) P.K./- U T