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Judgment
Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in connection with RPF Bakhtiarpur Post PS Case No. 03 of 2019 dated 08.08.2019 instituted under Section 3 of the Railways Property (Unlawful Possession) Act, 1966.
From the petitioner no. 1, two bolts and one nut whereas from petitioner no. 2, three bolts used on railways track was recovered.
Learned counsel for the petitioners submitted that they have been falsely implicated. It was further submitted that the petitioners have no criminal antecedent and are in custody since 30.08.2019. It was submitted that at best, it may be a case of selling bolts and there is no other allegation against them.
Learned App submitted that from the petitioners, bolts having been recovered which shows that they were in the business of stealing/selling railway property.
Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five thousand) each with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Patna in RPF Bakhtiarpur Post PS Case No. 03 of 2019.
One of the bailors shall be a close relative of the petitioners. The petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners. The petitioners shall also give an undertaking to the Court that they shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of their bail bonds. The petitioners shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of their bail bonds.
The application stands disposed off.