Pankaj Kumar @ Pankan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58357 of 2021 Arising Out of PS. Case No.-97 Year-2018 Thana- JEHANABAD RAIL P.S. District- Gaya ====================================================== PANKAJ KUMAR @ PANKAN KUMAR S/O BINDESHWARI PRASAD R/o village- Thikraur, P.S.- Makhdumpur, District- Jehanabad. The alleged-on duty Station Master, Tehta Railway Station and at present Station Master, Chakand Railway Station, P.S.- Chakand, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 288 and 304/34 of the Indian Penal Code.

Prosecution case is that while the husband of the informant was gong to catch a train and was passing through platform no.1 at Tehta Railway Station, where the demolition of old building was going on and a pole fell on the husband of the informant due to which, he sustained injuries and brought to the Sadar Hospital, Jehanabad, from where, he was referred to the PMCH, Patna, where the husband of the informant succumbed to the injuries. Petitioner happens to be Station Master of Chakand Railway Station.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.58357 of 2021(2) dt.20-06-2022 2/2 that the petitioner has falsely been implicated in this case. He further submits that incident was not intentional and he was also not present on the sight. He further submits that similarly situated co-accused has already been granted anticipatory bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 40660 of 2019 vide Annexure-3 to this petition. Petitioner has got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Railway Court, Gaya in connection with Jehanabad Rail P.S. Case No. 97 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T