Pramod Mandal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44316 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -KHAGARIA GRP CASE District- KHAGARIA ======================================================
1. Pramod Mandal son of Ganouri Mandal.
2. Prakash Mandal son of Late Bishnudeo Mandal. Both are resident of Village- Bihpur Bamkali Asthan, P.S.- Bihpur, District- Bhagalpur. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Praveen Kumar Agrawal For the Opposite Party : Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek bail in a case instituted under Sections 3 R.P.(U.P.) Act.
It has been alleged that the guard of Capital Express Train no. 13247 Up informed with regard to theft of railway property between Bihpur and Narayanpur railway station and on this information, the informant along with R.P.F. personnel searched the railway track and recovered 13 bundles of Rubber meant for tyre resoling with railway mark over the same. It has been submitted on behalf of the petitioners that the petitioners are in custody since 04.08.2016. The petitioners have got no criminal antecedent. There is no allegation of
Patna High Court Cr.Misc. No.44316 of 2016 (2) dt.17-10-2016 2/2 tampering of witnesses alleged against the petitioners. From perusal of the seizure list, it is evident that no railway property is said to have been recovered from the possession of the petitioners. Hence, no offence is made out against the petitioners under the R.P. (U.P.) Act.
On behalf of the state, it has been submitted that the petitioners are not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Railway, Khagaria, in connection with Naugachhiya (R.P.F.) P.S. Case No. 02 of 2016. (Sudhir Singh, J.) Amit/- U T