Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62528 of 2019 Arising Out of PS. Case No.-3 Year-2018 Thana- GARAHARA RPF/POST DistrictBegusarai ====================================================== AMAN KUMAR S/O- Anil Roy @ Anil Kumr Resident of Village- Chakiya, P.S.- Chakiya, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Gautam For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 21.6.2019 in a case registered for the offences punishable under Section 3 of the R.P.(U.P.) Act.

The prosecution case as per the written report of Om Prakash Tiwari, ASI of Police, RPF Post, Garahara submitted to the Incharge Inspector, RPF Post, Garahara is to the effect that on 20.2.2018 at 7.15 A.M., it was reported that from a train certain articles were unloaded by the criminals. During raid, three persons were found fleeing away from the place of unloading and out of them two were identified as petitioner and co-accused Bittu Kumar. During search, set of books of railway worth Rupees Fifteen Thousand were recovered.

Patna High Court CR. MISC. No.62528 of 2019(2) dt.25-10-2019 2/2 It is submitted by learned counsel for the petitioner that only on the basis of suspicion the accusation has been levelled and nothing has been recovered from the possession of the petitioner. Though the petitioner is accused in two other cases of similar nature but he is on bail in those cases. It is further submitted that the investigation has already been concluded. Learned APP submits that the petitioner was found fleeing away from the place of unloading.

Considering the fact that the petitioner was not arrest on the spot, the fact that the investigation has already been concluded and the period in custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with RPF Garhara Case No. 3 of 2018. (Dinesh Kumar Singh, J) anil/- U