Mukesh Kumar @ Mukesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56302 of 2024 Arising Out of PS. Case No.-4 Year-2023 Thana- SAMSTIPUR RPF/POST District- Samastipur ====================================================== Mukesh Kumar @ Mukesh Ram Son of Ram Vriksh Ram @ Rambriksh Ram R/O Vill.- Jankinagar Kusth Colony Sitamadhi, Ward no. 02, P.o.- Mehsaul, P.S.- Mehsaul (OP), Dist.- Sitamadhi, State- Bihar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhigyan Kumar, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in a case registered for the offence punishable under Section 3 of the Railway Property (Unlawful Possession) Act, 1966.
3. As per allegation in the FIR, unknown miscreants has cut 20 meters of quad cables near pillar no.12/03 KM-one and bridge no.15 which resulted in obstruction of rail movement.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that police arrested the petitioner after two and half months of
Patna High Court CR. MISC. No.56302 of 2024(2) dt.19-08-2024 2/2 the alleged occurrence and took his signature forcibly on some blank paper and later made it confessional statement of the petitioner and he has no concern with the seized articles and seizure list has not been prepared in presence of independent witness nor any incriminating articles or stolen property has been recovered from the possession of the petitioner and he is in custody since 01.03.2024.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the aforesaid facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Railway, Samastipur in connection with R.P.F/S.M.I. Case No.04 of 2023 with condition that he shall remain present before the trial Court till conclusion of the trial. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T