Shatrudhan Pd. Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31086 of 2024 Arising Out of PS. Case No.-22 Year-2019 Thana- SONPUR RAIL P.S. District- Saran ====================================================== 1.
Shatrudhan Pd. Yadav son of Late Jaga Yadav Village- Deoria, P.S. Kopa, District- Saran 2.
Ajeet Kumar son of Ramnaresh Mahto Village- Kiul Basti Pachana Road W.No-22, Ps- Lakhisarai Dist- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vasant Vikas, Adv.
For the Opposite Party/s :
Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-05-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Sonepur (Hajipur) Rail Police Station Case No. 22/2019 dated 03.02.2019 for the offence punishable under Sections, 279, 336, 337, 338, 304(A)/34 of the IPC and Section 153 and 154 of the Railway Act.
3. It is alleged that on 02.02.2019 at about 11:10 AM, the informant caught Simanchal Express train at Katihar Railway Station and the passengers of Coach No. S-9 were raising noise regarding irregularities in the train. Further on 03.02.2019, the informant, all of a sudden, heard a noise in the
Patna High Court CR. MISC. No.31086 of 2024(2) dt.20-05-2024 2/3 train and saw that the passengers were falling on one another. His compartment along with engine was separated from other compartments. Passengers came out of the compartment and saw that 9-10 compartments got derailed and overturned from the track near Sahdei Bujurg Railway Station. He started searching and saw the dead body of his uncle Samsuddin Alam, Anjar Alam and grandmother Shaida Khatun were lying below.
4. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The FIR has been lodged against the unknown persons for the accident which took place near Sahdei Bujurg Railway Station. It is further submitted that even after lapse of a good span of time, the department concerned has not been able to ascertain the cause of accident nor has fixed the responsibility upon any person. Petitioners claim clean antecedent.
5. Considering the aforesaid facts and circumstances and the submissions advanced on behalf of the learned counsel for the petitioners, prayer for anticipatory bail of the petitioners stands allowed. In the event of arrest/surrender within six weeks from today, let the petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each
Patna High Court CR. MISC. No.31086 of 2024(2) dt.20-05-2024 3/3 with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Railway, Sonepur, Saran in Sonepur (Hajipur) Rail Police Station Case No. 22/2019, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) perwez U T