Kaushal Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2956 of 2021 Arising Out of PS. Case No.-69 Year-2020 Thana- NAUGACHHIYA RPF POST DistrictKhagaria ====================================================== KAUSHAL RAJ Son of SHATRUDHAN PRASAD PAL Resident of Village - Sadhna, P.S. - Rangra Chowk, District - Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 146, 147 and 153 of the Railways Act, 1989.

The prosecution allegation, in short, is that the motorcycle of the accused person got collided with the train and thus created obstruction in the duty.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.2956 of 2021(2) dt.01-11-2021 2/2 petitioner. The petitioner has falsely been implicated in the present case. The petitioner had no intention to interrupt the train. The petitioner was crossing railway line and due to some technical problem, his motorcycle got stopped. He tried to remove the motorcycle from the railway line but in the meantime, the engine of the train collided with the motorcycle in question. The petitioner had no intention to commit offence under Section 153 of the Railway Act.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve 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 Judicial Magistrate Railway at Khagaria in connection with Naugachia R.P.F. Post Case No. 69/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Pankaj/- (Sudhir Singh, J) U T