Salman Alam @ Sunny v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24015 of 2024 Arising Out of PS. Case No.-2416 Year-2023 Thana- ARA RPF/POST District- Bhojpur ====================================================== Salman Alam @ Sunny son of Shekh Janhagir Vill- Nichitpur PN Section PsEast Basuriya Bansjora Dist- Dhanbad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priya Mr. Prabhat Kumar Singh For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Ara R.P.F. Case No. 2416 of 2023 registered for the offences punishable under Sections 143 of the Railway Act.

3. As per the prosecution case, the allegation against the petitioner is that he used to purchase Railway ETicket on his own user ID and the same ticket is transferred to whatsapp of Alamgir Masuri and it is also alleged that he used to sell the railway E-Ticket to the needy passengers on higher rates.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.24015 of 2024(2) dt.24-04-2024 2/2 specific rather general and omnibus in nature. He submits that except suspicion and interference there is absolutely no material against the petitioner. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that there is ample evidence against the petitioner in the case diary, it is clear from the impugned order itself.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order, considering the ratio laid down by the Hon'ble Apex Court in the case of Staendra Kumar Antil vs. Central Bureau of Investigation reported in (2022) 10 SCC 51. (Anjani Kumar Sharan, J) anand/- U T