Patna High CourtCR. MISC./48059/2019bail granted

Md. Amar @ Md. Aman @ Aman @ Amaniya v. The State Of Bihar

2019-08-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48059 of 2019 Arising Out of PS. Case No.-6 Year-2018 Thana- KAHALGAON RPF/POST DistrictBhagalpur ====================================================== Md. Amar @ Md. Aman @ Aman @ Amaniya Son of Md. Sumra Resident of Village - Kajipura, P.S.- Kahalgaon, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 3(a) of RP (UP) Amendment Act & 174© of Railway Act.

The prosecution case, in short, is that cables from the point of of railway were cut and stolen away by the accused persons.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 23-04-2019. Charge sheet in this case has already been submitted. The petitioner has been falsely implicated in the present case. The

Patna High Court CR. MISC. No.48059 of 2019(2) dt.01-08-2019 2/2 petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. There is no recovery of railway property from possession of the petitioner. It has further been submitted that the petitioner may be released after completion of five months in custody. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that after completion of five months in custody, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Bhagalpur in connection with RPF/POST Kahalgaon Case No. 06 of 2018 (R.P.S. Case No. 14 of 2018).

(Sudhir Singh, J) A.K.V.//- U T