Prabhu Nath Rai @ Prabhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79115 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- SONPUR RPF/POST District- Saran ====================================================== Prabhu Nath Rai @ Prabhu Rai Son Of Late Jagdeo Rai Resident Of VillageChak Apsaid, Ps- Sonpur, Distt- Saran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Gautam Kumar Yadav For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 3 of R.P. (U.P) Act. Prosecution case in nutshell is that informant being an inspector of R.P.F. reached at the scrap godown of petitioner where he saw that two persons, petitioner along with other co-accused person, were on a Truck. On search, theft items of railway were recovered, which were brought from the scrap shop of co-accused Jalaluddin. The petitioner is alleged to be the owner of

Patna High Court CR. MISC. No.79115 of 2023(2) dt.07-12-2023 2/3 the said scrap shop.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner has no concern with the said Truck and nothing incriminating has been recovered from his conscious possession. It is further submitted that co-accused Jalaluddin had sold the scrap material to one Shahabuddin and the police has recovered the same on the seized Truck. Moreover, the petitioner is languishing in judicial custody since 16.09.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sonpur R.P.F. Case No. o5 of

Patna High Court CR. MISC. No.79115 of 2023(2) dt.07-12-2023 3/3 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned District & Session Judge, Saran at Chhapra.

(Sunil Kumar Panwar, J) Nirajkrs/- U T