IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2138 of 2009 KALAM ANSARI Versus STATE OF BIHAR ----------- 05. 17.06.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under Sections 3 of the Railway Property and Unlawful Possession Act. Learned counsel for the petitioner submits that neither the petitioner was apprehended at the spot, nor any incriminating article has been recovered from his possession. Learned counsel for the petitioner further states that petitioner has been implicated only on the statement of some accused that he was seen moving away from the place of occurrence. Learned counsel for the petitioner also avers that petitioner has got no connection with the alleged incident and he has got no criminal antecedents. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, petitioner, namely Kalam Ansari shall be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri P.C.Choudhary, Railway Judicial Magistrate, Kiul in connection with R.P.F.Jhajha Post Case No.08 of 2008 subject to the conditions - 2 - as laid down under Section 438(2) of the Code of Criminal Procedure. Sunil (S. N. Hussain, J.)