Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58551 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- SAHARSA RAIL P.S District- Khagaria ====================================================== 1.

MUNNA SAH Son of Bangali Sah Resident of Village-Kanya Pathshala Khusrupur, P.S.-Khushrupur, District-Patna.

2.

Deepak Kumar Son of Munna Sah Resident of Village-Kanya Pathshala Khusrupur, P.S.-Khushrupur, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajit Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2019 Counsel for the petitioners is permitted to make necessary correction in prayer portion of the application in course of the day.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Section 3 of R.P. (U.P.) Act. Prosecution case, in short, is that on seeing the police, the accused persons were started fleeing and a stolen battery was recovered.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 20.07.2019 and have got no

Patna High Court CR. MISC. No.58551 of 2019(2) dt.25-09-2019 2/2 criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are scrap dealers. They have no knowledge that the battery in question is stolen property. They have been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioners, 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 Magistrate, Railway, Khagaria in connection with R.P.F. Saharsa Rail P.S. Case No. 01/2019. (Sudhir Singh, J) Pankaj/- U T