Patna High CourtCR. MISC./63753/2023allowed

Satrudhan Tiwari v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63753 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- RAFIGANJ RPF/POST District- Gaya ====================================================== SATRUDHAN TIWARI SON OF AMARNATH TIWARI RESIDENT OF WARD NO. 13, PAUTHU, PS- PAUTHU, DISTT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 3 of the Railway Property (Unlawful Possession) Act.

3. It is a case of theft of railway property and from possession of the petitioner some metal scraps, valuing Rs. 1600/- was recovered.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Police team forcefully took the thumb impression of the petitioner on blank paper and later on the same was manufactured as seizure list showing the alleged recovery from possession of the petitioner. Petitioner has no concern with the stolen property.

Patna High Court CR. MISC. No.63753 of 2023(2) dt.11-10-2023 2/2 Petitioner is languishing in judicial custody since 3.6.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner 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 Spl. Railway Judicial Magistrate, Gaya in connection with Rafiganj P.S. Case No. 01 of 2023.

(Sunil Kumar Panwar, J) sushma/- U