IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.1083 of 2011
PRADEEP KUMAR Son of Sonelal Sah, resident
of village Kaji Tola Danialpur, Police Station
Teghra, District Begusarai... ... Petitioner
Versus
THE STATE OF BIHAR... .. OPPOSITE PARTY
For the Petitioner: Mr. Pramod Man Bansh, Advocate
For the State : Mr. R.P.S. Singh, APP
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2 14.01.2011 Heard learned counsel for the petitioner and the
State.
Petitioner apprehends his arrest in a case
registered for offences punishable under Section 3 of the
R.P.U.P. Act.
It is alleged that huge amount of stolen property
belonging to the Railways have been recovered from the
petitioner.
It is submitted on behalf of the petitioner that he
has been neither named in the First Information Report nor
anything has been recovered from his possession, however,
he has been implicated in this case simply on the ground
that one of the co-accused has allegedly stated before the
Police that they had gone to commit theft of Railways
property after they had talked to this petitioner. It is
submitted that it is a far-fetched allegation and obviously is
2
an afterthought. Learned counsel also submits that since
nothing has been recovered from the possession of the
petitioner, the ingredient of Section 3 of the Railways
R.P.,U.P. Act is not attracted. It is further submitted that all
the First Information Report named accused persons have
already been granted regular bail by different orders passed
in different cases.
Considering the facts and circumstances of the
case, in the event of arrest or surrender of the petitioner,
Pradeep Kumar, within a period of four weeks from today
in Garhara R.P.F Case No. 13/08 , he shall be released on
bail on furnishing bail bond of Rs. 10,000/-(rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of the Railway Judicial Magistrate, Barauni,
Begusarai, subject to the conditions as laid down under
section 438(2) of the Code of Criminal Procedure.
(Dr. Ravi Ranjan, J.)
Sanjay-II