IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6393 of 2010 NAMI @ NAWAMI PASWAN s/o Nand Kumar Paswan, resident of village- Tiar, P.S. Tiar, District- Bhojpur. Versus THE STATE OF BIHAR ----------- 2 26.2.2010 Petitioner is in custody since 13.9.2009 in relation to Ara Rail P.S.Case no. 44/2009 registered under Sections 395 and 412 IPC pending in the Court of Railway Judicial Magistrate, Ara, Bhojpur. The informant is a passenger, who was traveling from Mugalsarai to Patna. While he was sleeping in the berth and his wife and other members at different berths ,mobile and other articles were looted by a group of young boys, who managed to escape but one of them was caught, namely, Guddu. On his statement, petitioner has been arrested and allegedly one of the stolen mobiles was recovered from the petitioner. Chargesheet has been submitted. Petitioner states that the person arrested, Guddu, did not name the petitioner as would be apparent from the FIR itself. In his subsequent statement, he is alleged to have named the petitioner and it is almost a month later the petitioner has been arrested. It is submitted that mobile phone recovered from the petitioner is his own and is not the matter of theft or loot. It is not apparent that whether the police has verified ownership of the mobile or the service number being used therein. As chargesheet has been submitted, learned Railway Judicial magistrate, Ara, would ask the railway police to locate the owner of the service number and the mobile , in question and file a report before him. The 2 same should be done within the same day of receipt of copy of this order in the court below. In case it is found that any person other than the informant and his family members is the owner of the mobile phone or the service number used therein, above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Bhojpur, Ara in Ara Rail P.S.Case no. 44/09 but if it turns out that it belongs to the informant or any of his family members, it would be deemed that application of the petitioner has been rejected by this Court. Let a copy of this order be sent to learned Railway Judicial Magistrate, Bhojpur Ara by Fax at the cost of the petitioner. Singh (Navaniti Prasad Singh, J.)