Rajesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43731 of 2021 Arising Out of PS. Case No.-3 Year-2021 Thana- RAXAUL RPF/POST District- West Champaran ====================================================== Rajesh Mukhiya S/O Late Mohan Mukhiya R/O Village-Ahirwa Tola, Ward No. 9, P.S.-Raxaul, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mrs.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

01-11-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Raxaul R.P.F. Case No. 03 of 2021, registered for the offence under Section 3 of the R.P. (U.P.) Act.

As per the prosecution case, 9.5 kg. of burnt copper of cable was recovered from the possession of the petitioner. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. As per F.I.R. itself, there is no allegation that this petitioner was seen committing theft of the said wire or carrying the same, rather he was only seen at nearby place where the wire was burning. Petitioner has got clean antecedent and he is in custody since 03.04.2021. Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.43731 of 2021(2) dt.01-11-2021 2/2 Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 Judicial Magistrate, Railway, Narkatiyaganj at Bettiah, West Champaran in connection with Raxaul R.P.F. Case No. 03 of 2021.

(Prabhat Kumar Singh, J.) anay U T