Munna Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61465 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- KODERMA RPF/POST District- Gaya ====================================================== MUNNA PRASAD, Son Of Late Biphan Mahto R/O Village- Tetariya, Ward No.08, P.S.- Barachatti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Adv For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with R.P.F (Koderma) P.S. Case No. 13 of 2022 registered under Section 3 R.P(U.P) Act. FIR has been instituted on discovery that 130 pendrol clips were missing and report to this extent by the Trackman. Learned counsel for the petitioner submits that the petitioner is a scrap dealer, which is evident from the seizure memo, wherein 195 pendrol clips have been found packed in a sack at the petitioner's scrap shop. He submits that the manner of recovery indicates that the petitioner is having no knowledge regarding the same being railway's property. The material was delivered to him in routine course of business, sealed in the sack and before he could discover that the same was railway's property, he was arrested. His implication is based on statement of co-accused Purshottam Kumar. The petitioner

Patna High Court CR. MISC. No.61465 of 2022(2) dt.02-02-2023 2/2 has no antecedent and he is in custody since 30.07.2022. Investigation is complete.

Learned APP has opposed the prayer for bail.

Considering the rival submissions, period of custody and manner of recovery, this Court is inclined to allow the petitioner's prayer for bail, also having regard to the clean antecedent of the petitioner and the fact that investigation is complete. Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Railway Magistrate in R.P.F (Koderma) P.S. Case No. 13 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. (Madhuresh Prasad, J) SUMIT/- U T