IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16171 of 2009 MD. BAKIL Versus STATE OF BIHAR ----------- 02 13.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been taken in to custody on 31.12.2008 in relation to Railway Barauni P S Case No.138 of 2008 which was registered under sections 394 and 411 of the Indian Penal Code. Informant is a Police Officer of the Railway Protection Force. It is alleged that while he was returning to his place of stay he was waylaid by four persons and his mobile and purse was snatched away on the point of a gun but he managed to apprehend three persons and one person ran away. Submission of the learned counsel for the petitioner is that from the seizure list it is apparent that nothing was recovered from his possession and somehow learned Sessions Judge by error of record recorded that a pistol was recovered from the possession of the petitioner and that was the reason for rejection of his bail. Be that as it may, going by the solemn declaration by the learned counsel for the petitioner that petitioner has no criminal antecedent but has wrongly been roped in, let the petitioner Md. Bakil be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Barauni, Begusarai, in Railway Barauni P S Case No. 138 of 2008 dated 31.12.2008 with a direction that one of the - 2 - surety will be executed by the father of the petitioner on due identification by the court below. It is further directed that petitioner will co-operate in the trial. rkp (Ajay Kumar Tripathi, J)