Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56524 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- MOTIHARI RPF/POST District- West Champaran ====================================================== Ajeet Kumar Son Of Hemant Kumar Resident Of Village - Amar Chhatauni, P.S. - Chhatauni, District - East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon,Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with RPF Post Bapudham Motihari Case No. 132 of 2024 registered for the alleged offences under Section 143 of Railway Act.

03. As per prosecution case, at the instance of the petitioner, co-accused made personal ID for sale purchase of tickets on the website of railways. Further allegation is that the petitioner and co-accused used to take out tickets through this mode and used to sale it at premium of 152-200 to other persons. In this manner 11 tickets were prepared worth Rs. 12,058.80.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case.

Patna High Court CR. MISC. No.56524 of 2024(2) dt.11-09-2024 2/3 Nothing incriminating has been recovered from possession of this petitioner. Petitioner has been named in this case on the basis of confessional statement of co-accused Deepak Kumar and such statement has got no legal sanctity. The alleged tickets were taken out from 03.11.2022-02.02.2023 but the raid was conducted on 10.02.2024, i.e., after a delay of more than a year for which there has been no explanation.

05. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioner.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the clean antecedent of the petitioner and further considering remoteness of allegation and the possibility of false accusation, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Court of learned J.M. Railway Bettiah, West Champaran in connection with RPF Post Bapudham Motihari Case No. 132 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a

Patna High Court CR. MISC. No.56524 of 2024(2) dt.11-09-2024 3/3 close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) anuradha/- U T