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Patna High Court - Orders

Raifuddin @ Rafik vs The State Of Bihar on 26 June, 2018

Author: Vinod Kumar Sinha

Bench: Vinod Kumar Sinha

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.30179 of 2018
                   Arising Out of PS.Case No. -71 Year- 2016 Thana -KATIHAR GRP CASE District- KATIHAR
                 ======================================================
                 1. Raifuddin @ Rafik S/o Md. Samsuddin, resident of Village- Mati Khura
                 Thana, P.S. Pathamari, District- Kishanganj.

                                                                                .... ....   Petitioner/s
                                                        Versus
                 1. The State of Bihar

                                                              .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Diwakar Sinha
                 For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                 ORAL ORDER

3   26-06-2018

The petitioner is apprehending his arrest in connection with Katihar Rail P.S. Case No. 71 of 2016, registered for offences punishable under Sections 380 of the Indian Penal Code.

Prosecution case is that belongings of the informant such as laptop, camera, mobile phone and pen drivers were stolen from the train and the petitioner was found to be using the said mobile by inserting his sim card.

It has been submitted on behalf of the petitioner that petitioner is vegetable seller and he has purchased the mobile from some other person and has nothing to do with the allegation. Further he has no criminal antecedent.

Learned counsel for the State opposed the prayer for bail and submitted that in this case process under Section 82 and 83 Patna High Court Cr.M isc. No.30179 of 2018 (3) dt.26-06-2018 2/2 has been issued.

Having heard both sides, considering the facts and circumstances of the, this application is not maintainable and the is accordingly dismissed.

The petitioner, if so desire, may surrender before the court below and pray for regular bail, which will be considered by the court below on the merit of the case.

(Vinod Kumar Sinha, J) sunil/-

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