Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3474 of 2017 Arising Out of PS.Case No. -6 Year- 2016 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ====================================================== Shyam Kumar, Son of Sri Satto Sah, Resident of Village- Hakimabad Nawada, P.S.- Samastipur Muffasil, District- Samastipur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Abhay Shankar Singh, Advocate For the Opposite Party : Mr. Sunil Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with R.P.F. Samastipur P.S Case No. 06 of 2016 registered for the offence punishable under Section 3 of the R.P.(U.P.) Act, 1966. Allegedly, petitioner was arrested when he was pickings up the article from railway track and from his bag 04 pieces A.C.B. plate, 01 piece fish plate and 12 pieces pendrol clips were recovered.

Submission is of false implication and that the petitioner by remaining in custody since 15.10.2016 has been sufficiently penalized, chargesheet has also been submitted and there is no chance of tampering with prosecution evidence. The

Patna High Court Cr.Misc. No.3474 of 2017 (2) dt.23-02-2017 2/2 petitioner has got no criminal antecedent and, as such, the petitioner deserves sympathetic consideration. Learned A.P.P. submits that railway property was recovered form possession of the petitioner.

In the facts and circumstances stated above, considering the detention of the petitioner and further there is no chance of tampering with the prosecution evidence and, as such, petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M., (Railway), Samastipur, in connection with R.P.F. Samastipur P.S. Case No. 06 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T