Patna High CourtCR. MISC./13225/2019bail granted

Shambhu Kumar v. The State Of Bihar

2019-03-07Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13225 of 2019 Arising Out of PS. Case No.-480 Year-2018 Thana- FATUA RPF/POST District- Patna ====================================================== SHAMBHU KUMAR, S/o Sita Prasad, Resident of Village- Dariyapur, PostKachiyawa, P.S.- Nagarnausa, District- Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nawal Kishore Prasad For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with RPF (Post Fatuha) P.S. Case No. 480 of 2018 registered for the offences punishable under Section 160(B) of the Railway Act.

Learned counsel for the petitioner submits that as per the allegation while gate man of the railway gate situated at Hilsa was closing the gate for train no.12402 DN, one tempo came rashly and dashed the southern boom of the gate. Learned counsel submits that there is no such occurrence as alleged has taken place. The petitioner is neither the driver nor the owner of the vehicle in question and no one has injured in the alleged occurrence.

Patna High Court CR. MISC. No.13225 of 2019(2) dt.07-03-2019 2/2 Learned APP for the State is present and has opposed the prayer for anticipatory bail.

In the given facts and circumstances of the case where it is the submission of the petitioner that he is neither the driver nor the owner of the vehicle in question and no one has injured in the alleged occurrence, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Railway, Patna in connection with R.P.F. (Post Fatuha) P.S. Case No. 480 of 2018, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T