Ekbali v. The Union Of India (Through R.P.F. Commander, Narkatiaganj)

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17711 of 2022 Arising Out of PS. Case No.-6 Year-2021 Thana- NARKATIYAGANJ RPF/POST DistrictWest Champaran ====================================================== 1.

EKBALI S/o Jagarnath Raut R/o village- Chanpatiya Dom Toli, Ward No. 3, P.S.- Chanpatiya, District- West Champaran 2.

Chunnu Miya @ Chunnu Miya @ Sabjaan Miya @ Sahabjaan Miya S/o Alamgir Miya R/o village- Chanpatiya Dom Toli, Ward No. 3, P.S.- Chanpatiya, District- West Champaran ... ... Petitioner/s

Versus

The Union of India (through R.P.F. Commander, Narkatiaganj) Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Dr. Krishna Nandan Singh (A.S.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2022 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have preferred this application for grant of regular bail in a case registered under section 3 of the Railway Property (Unlawful Possession) Act.

As per the prosecution case, after seeing the police, two unknown miscreants started fleeing away but one person was apprehended and disclosed his name as Sabjaan Miya and also disclosed the name of the other co-accused person who fled away as Ekbali Raut. Six telecom cable, measuring 20 metres of Railway was cut into 19 pieces and accumulated by them.

Patna High Court CR. MISC. No.17711 of 2022(2) dt.26-07-2022 2/2 Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioners is also accused in one criminal case as stated at para 3 of the bail petition. The petitioner are in custody since 25.10.2021 and 30.12.2021 respectively. Learned A.P.P. for the State has opposed the bail petition of the petitioners by submitting that the said cable was recovered from the possession of the petitioner. Considering the aforesaid facts and circumstances, the petitioners above-named, are directed to be enlarged on bail on them furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., (Railway), Narkatiaganj, District-West Champaran, in connection with Narkatiaganj R.P.F P.S. Case No. 06 of 2021 The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T