Arun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28534 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- HAJIPUR RPF/POST District- Samastipur ====================================================== 1.

Arun Rai S/o- Suraj Rai Village- Sirdilpur W.No-7, Ps- Patori DistSamastipur 2.

Pankaj Kumar son of Dhanik Chand Rai Village- Sirdilpur W.No-7, PsPatori Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Hajipur RPF/Post P.S. Case No. 1 of 2024 instituted for the offences under Section 3 of the RP (UP) Act.

3. As per prosecution case, there has been recovery of one 1.62 meter long 200mm channel, two 1.20 meter long iron of 75mm L-shape along with 0.92 meter of 100mm channel of Railway Property have been seized from the petitioner's motorcycle.

4. Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. There is general and omnibus allegation against

Patna High Court CR. MISC. No.28534 of 2024(2) dt.19-04-2024 2/2 the petitioners and both are registered labour and they used to work under contractor and presently they were working at Shahpur Patori Railway Station for removing the old foot over bridge of the said Railway Station. He further submitted that the seized motorcycle belongs to petitioner no. 2. No incriminating article has been recovered from the conscious possession of the petitioners. Charge-sheet has been submitted in this case. The petitioners are languishing in judicial custody since 06.02.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners 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 Court below/concerned Court in connection with Hajipur RPF/Post P.S. Case No. 1 of 2024.

(Rudra Prakash Mishra, J) Arish/- U T