Raifuddin @ Rafik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30179 of 2018 Arising Out of PS.Case No. -71 Year- 2016 Thana -KATIHAR GRP CASE District- KATIHAR ======================================================

1. Raifuddin @ Rafik S/o Md. Samsuddin, resident of Village- Mati Khura Thana, P.S. Pathamari, District- Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-06-2018 The petitioner is apprehending his arrest in connection with Katihar Rail P.S. Case No. 71 of 2016, registered for offences punishable under Sections 380 of the Indian Penal Code. Prosecution case is that belongings of the informant such as laptop, camera, mobile phone and pen drivers were stolen from the train and the petitioner was found to be using the said mobile by inserting his sim card.

It has been submitted on behalf of the petitioner that petitioner is vegetable seller and he has purchased the mobile from some other person and has nothing to do with the allegation. Further he has no criminal antecedent.

Learned counsel for the State opposed the prayer for bail and submitted that in this case process under Section 82 and 83

Patna High Court Cr.Misc. No.30179 of 2018 (3) dt.26-06-2018 2/2 has been issued.

Having heard both sides, considering the facts and circumstances of the, this application is not maintainable and the is accordingly dismissed.

The petitioner, if so desire, may surrender before the court below and pray for regular bail, which will be considered by the court below on the merit of the case.

(Vinod Kumar Sinha, J) sunil/- U T