Purshottam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71917 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- GAYA RPF/POST District- Gaya ====================================================== Purshottam Kumar, S/o Saryu Yadav @ Sarju Yadav, Resident of VillageBandra, Ward No- 4, P.S.- Fatehpur, District- Gaya. ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Bhaskar Shankar, Advocate For the Opposite Party/s: Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with R.P.F. (Koderma) P.S. Case No. 13/2022 registered for the offence under Section 3 of R.P. (U.P.) Act. The accused/petitioner is not named in the F.I.R. and is in custody since 30.07.2022.

The allegation against the petitioner is to have in possession of "Pendrol Clip" which is alleged to be property of railway.

Learned counsel appearing on behalf of the petitioner submitted that name of petitioner surfaced during the course of

Patna High Court CR. MISC. No.71917 of 2022(2) dt.20-03-2023 2/3 investigation on the basis of suspicion as he found walking near to railway track, where Pendrol Clip was alleged to be removed. It is also submitted that alleged 24 Pendrol Clip were recovered from the open place and not from the physical possession of this petitioner. It is also pointed out that similarly situated co-accused, namely, Munna Prasad has already been granted bail by one of the learned co-ordinate Bench of this Court vide order dated 02.02.2023 passed in Cr. Misc. No. 61465 of 2022. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as alleged recovery of Pendrol Clips not appears to made from the conscious physical possession of this petitioner, who is a man of clean antecedent, coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with R.P.F. (Koderma) P.S. Case No. 13/2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Railway

Patna High Court CR. MISC. No.71917 of 2022(2) dt.20-03-2023 3/3 Magistrate, Gaya/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T