Sikandara Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8167 of 2022 Arising Out of PS. Case No.-34 Year-2020 Thana- NARKATIYAGANJ RAIL P.S. DistrictWest Champaran ====================================================== SIKANDARA SAHANI S/o Late Siyasar Sahani @ Singasan Sahani Resident of Village - Karmaha Bodhsah, Ward No. 9, P.S. - Laukaria (Bagaha), District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 26-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Narkatiaganj Rail P.S. Case No. 34 of 2020 registered for the alleged offences under Sections 467, 468, 471, and 420 of the Indian Penal Code.

As per prosecution case, some railway passengers were found in possession of forged Circular Tour Tickets which were allegedly given by co-accused Santosh Gupta. Later on the name of the petitioner surfaced as one of the accused persons.

Patna High Court CR. MISC. No.8167 of 2022(2) dt.26-07-2022 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and he is not named in the FIR. His name came up in the confessional statement of co-accused Santosh Gupta. Nothing incriminating has been recovered from the person or possession of the petitioner. Moreover, no wrongful loss has been caused to the railway in as much as the FIR itself shows that fare with penalty was recovered from the passengers traveling with unauthorized tickets. Charge sheet has been submitted in this case and the petitioner is in custody since 23.10.2021.

Learned APP for the State opposes the prayer for bail of the petitioner submitting that the petitioner was involved in forging railway tickets along with co-accused persons. Having regard to the submission made hereinabove and considering the fact that nothing incriminating has been recovered from the petitioner as submitted by the learned counsel and further considering his period of custody along with submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Railway, Bettiah, West Champaran in connection with Narkatiaganj Rail

Patna High Court CR. MISC. No.8167 of 2022(2) dt.26-07-2022 3/3 P.S. Case No. 34 of 2020, subject to the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/- U T