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Judgment
D.N. Upadhyay, J.—Heard learned Counsel for the parties.
Petitioners are accused in a case registered under Sections 328, 379 and 411 of the Indian Penal Code in connection with Rail Madhupur P.S. Case No. 01 of 2011 corresponding to R.G.R. Case No. 01 of 2011 which is pending in the Court of learned Judicial Magistrate Railway Madhupur.
It reveals from the written report that R.P.F. officials, after receiving information that a gang who after administering spurious drug used to commit theft of articles from the passengers are moving in train No. 13105 they boarded in the train. In the course of search they found one person in drowsing condition who disclosed that the persons sitting besides him had given him Khajur to eat and after consuming the same he felt drowsiness and those persons thereafter left the seat. An immediate search was made in the compartment and the Petitioners with their associates were found standing near the gate with trolley bag belonging to the victim. After they get down from the train they were apprehended and the trolley bag belonging to victim was recovered. On search they were also found in possession of Ativan tablets in loose condition.
It is submitted that the Petitioners are in jail custody since last eight months and they have been apprehended on the basis of suspicion. No Khajur was recovered from their possession and under such situation they may be released on bail.
Learned Counsel for the State opposed the prayer for bail.
It is evident from the material available on record that the Petitioners were caught red handed while they were moving with stolen trolley bag and the victim has also identified them as the persons who had given him Khajur to eat.
Considering aforesaid facts and circumstances of the case, I am not inclined to enlarge the Petitioners on bail. Accordingly, the prayer for bail of the Petitioners stands rejected.
However, learned Court below is directed to expedite the trial and conclude the same preferably within six months. If the trial is not concluded within six months the Petitioners will have liberty to renew their prayer for bail.