Patna High CourtCR. MISC./60131/2018dismissed

Md. Imran @ Raja v. The State Of Bihar

2018-10-06Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.60131 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60131 of 2018 Arising Out of PS.Case No. -1707 Year- 2018 Thana -PATNA JN RPF/POST District- PATNA ======================================================

1. Md. Imran @ Raja S/o Md. Jiauddin, R/o Mohalla- New Karbigahia, P.S.- Jakanpur, District & Town- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Sharma For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 06.10.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Case no. 2134C/2018 arising out of R.P.F. Post Patna case no. 1707/2018 registered under section 143 of the Railway Act.

The name of the petitioner came in this case in the confessional statement of co-accused Raj Kumar who was caught by the police officials while he was illegally purchasing railway tickets and the aforesaid Raj Kumar disclosed that it was the petitioner who sent him for illegally purchasing tickets.

Section 143 of the Railway Act, 1989 prescribes

Patna High Court Cr.Misc. No.60131 of 2018 (2) dt.06-10-2018 maximum punishment up to three years with fine of Rs 10,000/- and therefore, the aforesaid offence appears to be bailable in nature.

Therefore, in the aforesaid circumstance, in my view, this anticipatory bail petition is not maintainable. Accordingly, this anticipatory bail petition stands dismissed being not maintainable. However, it is made clear that if the petitioner is apprehended by the police or surrenders before the court below, the concerned authority shall pass appropriate order on bail prayer of the petitioner keeping in mind the observations made in this petition, if bail prayer is made before the concerned authority.

shahid (Hemant Kumar Srivastava,J) U T