Prince Kumar @ Bittu @ Bittu Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41094 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- MOKAMA RPF/POST District- Patna ====================================================== PRINCE KUMAR @ BITTU @ BITTU SAO Son of Late Dinesh Sao Resident of - Salimpur Bihta, Near High School, P.S.- Salimpur, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samir Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with RPF Post Mokama P.S. Case No. 01 of 2019 registered for the offence punishable under section 3 RP (UP) Act. As per allegation in the FIR, while the accused persons were seen taking away articles relating to railway property. One Vikky Kumar was arrested and five persons including the petitioner managed to escape.

It is submitted by learned counsel for the petitioner that the petitioner was not arrested on the spot. No incriminating article has been recovered from his possession. He is in custody since 28.02.2019 and has been falsely implicated by the

Patna High Court CR. MISC. No.41094 of 2019(3) dt.13-09-2019 2/2 authorities in large number of similar cases. He further submits that petitioner has been enlarged on bail in all the cases except the present one and in those cases also no incriminating article has been recovered from his possession.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioner was neither arrested on spot nor any incriminating article has been recovered from his possession and he is in custody since 28.02.2019, this court is inclined to enlarge him on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Railway, Patna in connection with RPF Post Mokama P.S. Case No. 01 of 2019.

(Partha Sarthy, J) sushma/- U T