Santosh Kumar And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.11512 of 2017 (3) dt.17-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11512 of 2017 Arising Out of PS.Case No. -17 Year- 2016 Thana -RAJENDRA NAGAR (T) RPF/POST DistrictPATNA ======================================================

1. Santosh Kumar Son of Nageshwar Prasad Singh, Resident of MohallaAshok Nagar Road No.- 8, Police Station- Kankarbagh, District/ TownPatna.

2. Kunal Kumar Son of Milan Kumar Singh, Resident of Village- Khalis Pur, Police Station- Sarairanjan, District- Samastipur.

3. Deo Kanchi S/o- Satya Narayan Kanchi, Resident of Raj Ji Gali, East of Boring Canal Road Patna, Near Bishnu Palace, Police Station- Buddha Colony, 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. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-05-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Case No. 2863(C) of 2016 arising out of R.P.F. Post Rajendra Nagar Case No. 17 of 2016 disclosing offences under Sections 143 of the Railway Act.

Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the petitioner No.1 happens to be the owner of a Tour and Travel services namely

Patna High Court Cr.Misc. No.11512 of 2017 (3) dt.17-05-2017 M/s. Sunrise Travel having valid license of IRCTC for e- ticket vide Certificate No. IRCTC/WGTC12850 and he has not done anything illegal. Nothing incriminating has been recovered from the conscious possession of the petitioners. These petitioners have falsely been implicated in this case due to non-fulfillment of the illegal demand of R.P.F. personnel. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Patna Junction, in connection with Case No. 2863(C) of 2016 arising out of R.P.F. Post Rajendra Nagar Case No. 17 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T