Patna High CourtCR. MISC./9418/2017bail granted

Ashok Kumar @ Ashok Mahto v. The State Of Bihar

2017-04-12Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.9418 of 2017 (2) dt.12-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9418 of 2017 Arising Out of PS.Case No. -6 Year- 2016 Thana -SAMSTIPUR RPF/POST DistrictSAMASTIPUR ====================================================== Ashok Kumar @ Ashok Mahto Son of late Abhay Mahto Resident of Mohalla- Bahadurpur, Town, P.S. and District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Shankar Singh, Adv. For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-04-2017 Heard both sides.

The petitioner seeks bail in R.P.F. Samastipur P.S. Case No. 06/2016, registered for the offences punishable under Section 3 of the Railways Property (U.P.) Act, 1966.

Three persons namely, Lalwa @ Raju Yadav, Shyam Kumar and Naresh Kumar were apprehended and from their plastic bags different railway properties were recovered. They disclosed the name of the petitioner, on such the shop of the petitioner was searched. 08 pcs. of ACB plate, 04 pcs. of fish plate, 30 pcs. of pendrol clip and 42 pcs. of dog spike were recovered.

It is submitted that the petitioner was not apprehended

Patna High Court Cr.Misc. No.9418 of 2017 (2) dt.12-04-2017 on the spot. The recovered articles are not of any use. The petitioner has a shop of scrap. The petitioner is in jail for more than three and half months. The petitioner has got no criminal antecedent.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate (Railway), Samastipur in connection with R.P.F. Samastipur P.S. Case No. 06/2016.

(Prabhat Kumar Jha, J.) Vinita/- U T