Patna High CourtCR. MISC./7691/2024allowed

Vijay Chaudhary Alias Chhagur Chaudhary Alias Chhagur Mian v. The State Of Bihar

2024-02-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7691 of 2024 Arising Out of PS. Case No.-10 Year-2023 Thana- DEHRI ON SONE RPF/POST DistrictGaya ====================================================== Vijay Chaudhary Alias Chhagur Chaudhary Alias Chhagur Mian Son Of Sumeshwar Chaudhary R/O Vill.- Amra Talab, P.S.-Muffasil (Sasaram), District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 7950 of 2024 Arising Out of PS. Case No.-10 Year-2023 Thana- DEHRI ON SONE RAIL P.S. DistrictGaya ====================================================== Amit Pasi Son Of Late Chandeshwar Pasi Village- Badahiya Bag, PS- Karbandiya Dist- Rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 7691 of 2024) For the Petitioner/s :

Mr.Madhav Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad (In CRIMINAL MISCELLANEOUS No. 7950 of 2024) For the Petitioner/s :

Mr.Madhav Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 3 of the Railway Property (Unlawful Possession) Act.

Patna High Court CR. MISC. No.7691 of 2024(2) dt.20-02-2024 2/3

3. The allegation against the petitioners along with others is of tempering and uprooting the railway iron sleepers.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners were not apprehended on spot. The name of the petitioners has come into light, on the basis of suspicion raised by police. There is no specific overt act against the petitioners. Nothing incriminating articles have been recovered from the conscious possession of the petitioners. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide orders dated 30.11.2023/12.12.2023 passed in Cr. Misc. Nos. 75982 of 2023/78836 of 2023. They are languishing in judicial custody for five months.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.7691 of 2024(2) dt.20-02-2024 3/3 satisfaction of the learned Court concerned in connection with Dehri on Sone Rail P.S. Case No. 10 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T