Varun Kumar Srivastava @ Junaid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51335 of 2016 Arising Out of PS.Case No. -55 Year- 2016 Thana -PATNA GRP CASE District- PATNA ======================================================

1. Varun Kumar Srivastava @ Junaid Alam Son of Md. Nizamuddin Resident of Village- Tairani, Muslim tola Gram Panchayat Bardhela, Police Station- Dhamdaha, District- Purnia.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-12-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail since 31.07.2016 in a case registered for offences punishable under Sections 419, 468 and 471 of the Indian Penal Code.

The prosecution case is that while the informant was working as T.T.E. in train, the Escort party inquired as to how many T. T. Es. were working in train, he replied that he is the only one in train but he was informed that besides him one more T.T.E. working in train and when informant asked about the introduction of petitioner he was found to be a fake T.T.E.. Accordingly, a seizure list was prepared.

Patna High Court Cr.Misc. No.51335 of 2016 (2) dt.01-12-2016 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that he is only 19 years of age and student of Graduation in Ambedkar University, New Delhi and has got no criminal history. He further submits that there was no allegation of extraction of illegal money and hence no case is made out under the aforesaid Sections. Even if it a case under Section 471 of the Indian Penal Code period of custody is three months and he is already in custody since last four months. Learned A.P.P. for the State submits that the petitioner is named in the F.I.R., hence, opposes the prayer for bail.

Considering the facts and circumstances and submissions of the parties, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each the to the satisfaction learned Chief Judicial Magistrate, Patna in connection with G.R.P. Mokama ( Hathidah) Police Station Case No. 55 of 2016.