IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23706 of 2011 Ravi Sah @ Ravi Kumar Sah, Son of Late Tansen Sah, resident of Village Rani – 3 Chamuban Tola, P.S. Bachhwara, District Begusarai. ---------- Petitioner Versus The State Of Bihar -------- Opposite Party ----------- 03/- 16.09.2011 Heard Mr. Malay Kumar Choudhary learned counsel for the petitioner and Mr. Damodar Prasad Tiwary learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under Section 3 Railway Properties (Unlawful Possession) Act, is one of the named accused in this case based on extra judicial confession of co-apprehended accused with allegation of keeping different stolen articles of railway. Submission is that petitioner is a dealer of all such articles and goods were transported through railway and claims them to be his own. He has no criminal antecedent and there is nothing in the case diary to show that the said articles being stolen one. Learned Additional Public Prosecutor, in spite of armed with the case diary could not refute the assertion except submitting that the articles were recovered and co-accused has confessed and stated nothing against the petitioner. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on 2 furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Railways, Barauni, in connection with Barauni RPF Case No. 03 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)