Patna High CourtCR. MISC./62455/2023allowed

Md. Maksood Alam @ Md. Maksud Alam v. The State Of Bihar

2023-09-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62455 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- JAMALPURWORKSHOP RPF/POST District- Lakhisarai ====================================================== Md. Maksood Alam @ Md. Maksud Alam Son Of Late Md. Kurban R/O Vill - Minnat Nagar Near Masjid, Ward No. 20, P.S. - Kotwali, Distt. - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 3(a) R.P. (U.P.) Act.

3. As per prosecution case, the informant alleged that he got information that the petitioner has stolen railway materials from one Jeevan Sahni and the same was going to be transported and disposed of immediately. Thereafter, the informant along with others reached at the place and recovered many railway materials weighing about 459.45 kg.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to high handedness of

Patna High Court CR. MISC. No.62455 of 2023(2) dt.21-09-2023 2/2 the police officials. The petitioner runs a scrap shop in the name of Alam Entreprises at Minnat Nagar, Samastipur and he has never kept stolen railway property in his shop and he was also not apprehended on the spot. It is further submitted that the petitioner is languishing in judicial custody since 19.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with R.P.F. Post Jamalpur Workshop P.S. Case No. 02 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Kiul, Lakhisarai.

(Sunil Kumar Panwar, J) Amandeep/- U T