Rampukar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81826 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- SONPUR RPF/POST District- Saran ====================================================== Rampukar Mahto Son Of Late Kanhaiya Mahto Vill Phulwariya P.S. Maker District Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Sonepur R.P.F. Case No. 05 of 2023 instituted for the offences punishable under Section 3 of R.P. (U.P.) Act.

3. 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 coaccused person, were on a Truck. On search, theft items of railway were recovered, which were brought from the scrap shop of co-accused Jalauddin. The petitioner is alleged to be the truck driver which was loaded with the stolen articles of Railway.

Patna High Court CR. MISC. No.81826 of 2023(2) dt.05-01-2024 2/2

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case, there is general and omnibus allegation against the petitioner, he has got clean antecedent and petitioner is in custody since 16.09.2023. He further submits that similarly situated co-accused Prabhu Nath Rai @ Prabhu Rai has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 79115 of 2023 vide order dated 07.12.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class (Railway), Sonepur, Saran in connection with Sonepur RPF P.S. Case No. 05 of 2023.

(Ramesh Chand Malviya, J) saurabhkr/- U T