IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33272 of 2008 RAJ MOHAN RAM, SON OF SRI RAJA RAM PASWAN, RESIDENT OF VILLAGE-THAKURI, P.S.-CHARAPOKHRI, DISTRICT- BHOJPUR. Versus THE STATE OF BIHAR ----------- 3 23.10.2008 Heard Mr. Ravi Ranjan, learned counsel for the petitioner and learned counsel for the State. Case is under Sections 379 and 411 of the Indian Penal Code. The allegation is of theft of one attachee of the informant while he was waiting at the railway station for any vehicle to proceed for his home. While waiting, he says that he dozed of, when his attachee was stolen. Learned counsel for the petitioner submits that as per the FIR itself, it appears that the petitioner was standing in the queue in front of the ticket counter for purchasing a railway ticket along with attachee when he was apprehended. He submits that it would not be a natural conduct that a person stealing an attchee from a passenger would be standing in queue for purchasing the ticket and giving opportunity to the informant or any police personnel to 2 apprehend him. Petitioner is in custody since 4.10.2007. It is also stated that except for one case under Section 302 of the I.P.C. in which there is indirect evidence against him collected during investigation, he has no other case against him of this nature. Considering the above submissions and also considering the period of incarceration of the petitioner, this application is allowed. Let petitioner, namely, Raj Mohan Ram be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class Railways, Ara in connection with Arah Rail P.S. Case No. 63 of 2007. Arvind/ ( J. N. Singh , J. )