Lakshman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1978 of 2024 Arising Out of PS. Case No.-3 Year-2023 Thana- HAJIPUR RPF/POST District- Samastipur ====================================================== Lakshman Kumar Son Of Hemlal Ray Resident Of Village Naya Ganj, Sonartoli P.S.- Mahnar Distt Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 3 of the RP(UP) Act.

It is alleged that from the wastage shop of the petitioner, nine pendrol clip, one battery of 12 v, 40 pieces of battery of railways were seized.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is running a Kabari shop and the said recovery has been made from

Patna High Court CR. MISC. No.1978 of 2024(2) dt.29-01-2024 2/2 the empty field behind his shop which is not owned by the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 20.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Railway, Samastipur in connection with RPF Post Hajipur P.S. Case No. 03 of 2023.

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