Savir Devan @ Shabir Dewan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50380 of 2018 Arising Out of PS.Case No. -2 Year- 2018 Thana -NARKATIAGANJ (R.T) DistrictMUZAFFARPUR ====================================================== Savir Devan @ Shabir Dewan, son of Alisher Devan, Resident of Village - Narayanpur, Ward No. 6, Police Station - Ramnagar, District - West Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar No.-7, Advocate. For the Opposite Party : Mr. Surendra Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 15.01.2018 in a case for the offence registered under Section 401 of the IPC.

The prosecution story, in brief, is that on 14.01.2018 at 3.30 P.M., the informant alongwith the police team proceeded from the Rail Police Station and reached near Ramnagar Railway Station and conducted search of suspected persons. In the meanwhile, 2-3 unknown miscreants from the west side, started fleeing away. The police chased them. One miscreant was apprehended by the police and two miscreants succeeded in fleeing away. On enquiry, the apprehended person disclosed his name as Sabir Dewan (petitioner). On search, from the pocket of

Patna High Court Cr.Misc. No.50380 of 2018 (2) dt.13-09-2018 2/2 apprehended person, one knife and one broken piece of blade were recovered. He further disclosed that he is a thief and he cuts the pocket of persons in train. Earlier he also went to jail for committing theft.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. No stolen property is alleged to have been recovered from conscious possession of the petitioner. Recovery of blade and knife is planted story made by the police. The allegation made in the F.I.R. is denied by the petitioner.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, 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 the learned Railway Judicial Magistrate, Bettiah, West Champaran, in connection with Narkatiyaganj Rail P.S. Case No. 02 of 2018.

U.K./- (Sudhir Singh, J) U T