IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45776 of 2008 SAMSAD ANSARI @ BHIKHARI, S/o Late Islam Ansari, Resident of village – Ghar Samaj Chowk, Ward No. 16, P.S. – Chattauni, District – East Champaran, Motihari. Versus THE STATE OF BIHAR ----------- 3. 05.02.2009 Heard Sri D.K. Tandan, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The case relates to an incident allegedly of lifting the property from the running train and passing the same over, allegedly, to one of the accomplices of the petitioner out side the train, who was standing on the platform. The informant stated that he arrested the petitioner and brought him to Raxaul and produced him before the G.R.P.S., which refused the acknowledge of handing over ofthe petitioner to him or to register a case and as such the informant brought the petitioner to Sugauli and got the report made. The contention is that, in fact, the petitioner lifted the property under a mistake on account of the man out side the train requesting the petitioner to pass luggage to him. Sri D.K. Tandan, learned counsel appearing for the petitioner has challenged the authority of the informant to arrest and produce him before the police. The further contention was that the petitioner does not bear any antecedent of having - 2 - indulged in such offence. The definite allegation is that the petitioner lifted the bag and handed over to one of the companions standing out side train on account of the train gaining some momentum and speed. As regards the authority to arrest, Section 41 of the Cr. P.C. could the provision for satisfying the queries of the learned counsel. Antecedents do not generally appear in such cases. Most of the accused of such offences changed their identity by changing their names, like, the petitioner. The petitioner has also an alias name Bhikhari. Regard being had to the nature of the offence and ultimate impact on the traveling passengers comforts, I am not inclined to direct the release of the petitioner. In a period of nine months, if the trial is not concluded, the court below shall itself release the petitioner on bail on furnishing a bond to its own satisfaction. DKS/ (Dharnidhar Jha, J.)