IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16882 of 2011 SUBHASH MISTRY Versus THE STATE OF BIHAR ----------- 3. 23.06.2011. Heard the learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in connection with R.P.F. Mokama P.S. Case No. 02 of 2011 registered under Section 3 of the R.P.(U.P.)Act. From confession of co-accused, certain recovery were made from possession of the petitioner. It is submitted by the learned counsel for the petitioner that seizure list does not bear the signature of petitioner nor the family members. The alleged shop from where the recovery was made does not belong to the petitioner. It is further submitted that the petitioner is suffering from serious eye problem and has become almost blind. It is further submitted that the recovered articles were not the railway properties hence, no case under Section 3 of the R.P.(U.P.)Act is made out. The aforesaid submission is good ground for consideration 2 of regular bail. Let the learned court below consider the regular bail application of the petitioner and try to dispose off the same if possible on the same day considering the aforesaid submissions made by the learned counsel for the petitioner if the petitioner surrenders and prays for regular bail within a period of four weeks from today. With this observation, this application is disposed off. Let the order be faxed to the learned Railway Judicial Magistrate, Patna, in connection with Mokama P.S. Case No. 02 of 2011 at the cost of the petitioner. U. K. ( Dinesh Kumar Singh, J)