Patna High CourtCR. MISC./38231/2019bail granted

Md. Aftab Hussain @ Raju v. The State Of Bihar

2019-09-25Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38231 of 2019 Arising Out of PS. Case No.-10 Year-2008 Thana- BAKHTIYARPUR RPF/POST DistrictPatna ====================================================== MD. AFTAB HUSSAIN @ RAJU Son of Late Kamruddin Resident of Village- Sabait, P.S. Deepnagar, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Adv For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 3 R.P.(U.P.) Act, (the Railway Property Unlawful Possession) Act.

The FIR is under Section 3 R.P.(U.P.) Act, (the Railway Property Unlawful Possession) Act, the petitioner was not apprehended at the spot nor ever any process was issued against the petitioner. The accused person who were apprehended by the police at the spot pleaded their guilt and were convicted accordingly by the learned court below. The report of the learned court below dated 11.09.2019 in pursuance of order dated 04.09.2019 revealed that

Patna High Court CR. MISC. No.38231 of 2019(4) dt.25-09-2019 2/2 there was no service report against the petitioner though entire coercive measures for procuring appearance of the petitioner was issued from the court.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with R.P.F. Bakhtiyarpur Police Station Case No.10 of 2008, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T