Anil Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33155 of 2025 Arising Out of PS. Case No.-4 Year-2024 Thana- CHAPRA KACHARI RAIL P.S. DistrictSaran ====================================================== Anil Sah S/o Shankar Sah R/o Village- Saraiya Sada, Chowk, Ward No. 04, P.S.- Gopalganj Nagar, Distt.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nalin Kumar, Advocate For the Opposite Party/s :
Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-05-2025 Heard Mr. Nalin Kumar, learned counsel for the petitioner and Mr. B.N. Pandey, learned APP for the State.
2. The petitioner has prayed for bail in connection with Chapra Kachahari Rail P.S. Case No. 04 of 2024 registered for the offence punishable under Sections 328, 379 of the Indian Penal Code.
3. The case of the prosecution is that on 17.03.2024, the informant was returning from Chhattisgarh by Sarnath Express and reached Chapra Junction on 18.03.2024 in night. On 19.03.2024, the informant reached to Chapra Kachahari Station and had to go to Sri Vikram Dev Nagar Halt and was waiting on Platform No. 3. An unknown person came and sat
Patna High Court CR. MISC. No.33155 of 2025(2) dt.22-05-2025 2/3 near him and started talking. While talking, he said that he has to go to Sidhwaliya Station and offered tea to him. After taking tea, he sat in train No. 05122 and after 4-5 minutes, he fell asleep. The informant believes that the said person had mixed intoxicants in the tea and robbed his bag containing Rs. 5,000/ cash, ATM card, Pan card and other articles.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He submits that the name of this petitioner is not named in the FIR, rather his name has been surfaced on the basis of criminal antecedent and his confessional statement. It has also been submitted that nothing has been recovered from his conscious possession. He further submits that the petitioner is languishing in judicial custody since 11.05.2024.
5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of three cases.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.33155 of 2025(2) dt.22-05-2025 3/3 bond of Rs. 10,000/- (Rs. Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Saran, Chapra in connection with Chapra Kachahari Rail P.S. Case No. 04 of 2024. (Ashok Kumar Pandey, J) Sudhanshu/- U T