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Patna High CourtCR. MISC./25259/2025bail granted

Umesh Sahni v. The State Of Bihar

2025-07-24Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24900 of 2025 Arising Out of PS. Case No.-302 Year-2024 Thana- MUZAFFARPUR RAIL P.S. DistrictSaran ====================================================== Santosh Sah S/o- Lakshmi Sah Resident of vill- Ajeetpur @ Azizpur Ward No 15 PS- Saraiya Dist-Muzaffarpur ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 25259 of 2025 Arising Out of PS. Case No.-302 Year-2024 Thana- MUZAFFARPUR RAIL P.S. DistrictSaran ====================================================== Umesh Sahni s/o Late Nandu Sahni Resident of village- Gokhula Ward No01, PS- Paroo, District- Muzaffarpur ... ... Petitioner

Versus

The State of Bihar Patna ... ... Opposite Party ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 24900 of 2025) For the Petitioner/s :

Mr.Rajeev Ranjan No. II, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP (In CRIMINAL MISCELLANEOUS No. 25259 of 2025) For the Petitioner/s :

Mr.Rajeev Ranjan No. II, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-07-2025 Heard learned counsel appearing on behalf of the petitioners in both these applications and learned A.P.P. for the State.

2. Petitioners seek bail in connection with Muzaffarpur Rail P.S. Case No. 302 of 2024 registered for the offences under Sections 319, 318(4), 338, 336(3), 340(2), 61(2) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').

Patna High Court CR. MISC. No.24900 of 2025(3) dt.24-07-2025 2/3

3. Both these petitioners are named in the First Information Report and are in custody since 02.12.2024.

4. Allegation against the petitioners is to cheat the innocent persons along with named co-accused persons by providing forged railway tickets, upon search, some forged tickets were found from possession of the petitioners.

5. It is submitted by learned counsel appearing on behalf of the petitioners that similarly situated co-accused persons namely, Dashrath Sahni and Bigu Ram were granted bail by one of the learned coordinate Bench of this Court through Cr. Misc. No. 27458/2025 dated 06.05.2025, and, therefore, taking note of judicial parity, these petitioners also deserve bail, as they are also facing similar allegation.

6. It is submitted that petitioners are men of clean antecedent and, moreover, investigation of this case is already completed and charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

7. Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.

8. Considering the aforesaid factual submission and by taking note of the fact as other similarly situated co-accused persons have been granted bail by one of the learned coordinate

Patna High Court CR. MISC. No.24900 of 2025(3) dt.24-07-2025 3/3 Bench of this Court as discussed aforesaid, therefore, by taking note of judicial parity, coupled with the fact that petitioners are in custody since 02.12.2024, who are men of clean antecedent, accordingly, above-named petitioners namely, Santosh Sah and Umesh Sahni are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Railway, Saran at Sonpur/concerned court, in connection with Muzaffarpur Rail P.S. Case No. 302 of 2024, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

9. Accordingly, both these applications stand disposed of.

(Chandra Shekhar Jha, J) Rajeev/- U T