Santosh Kumar Sah @ Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44219 of 2017 Arising Out of PS.Case No. -43 Year- 2017 Thana -DARBHANGA RAIL P.S. DistrictSAMASTIPUR ====================================================== Santosh Kumar Sah @ Santosh Sah, Son of Sri Laxmi Sah, Resident of Village and P.O.- Ajeepur, P.S.- Saraiya, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Shankar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and the State. Petitioner is in custody in connection with Rail Darbhanga (Sitamarhi) P.S. (GRP/DBG/SMI) Case No. 43 of 2017 instituted for the offence under sections 420, 467 and 468 of the Indian Penal Code.

From perusal of the FIR, it appears that he was in possession of certain tickets which was found forged. Counsel for the petitioner submits that the petitioner is innocent and he has been made victim in the instant case on misunderstanding and confusion of the rail police. He also submitted that there is inordinate delay in sending the FIR to the concerned court without mentioning the

Patna High Court Cr.Misc. No.44219 of 2017 (2) dt.20-09-2017 2/2 date and time of sending the FIR. Referring to the statement made in para-10 he submitted that in a case where the petitioner was a bona fide purchase of ticket is languishing in jail since 6.5.2017. Considering the fact that the petitioner was not found to be selling ticket allegedly forged one, the petitioner deserves bail, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. (Railway), Samastipur, in connection with Rail Darbhanga (Sitamarhi) P.S. (GRP/DBG/SMI) Case No. 43 of 2017 on the condition that the bailors should be family members of the petitioner and the petitioner will cooperate in the trial and will not, in any manner, influence the evidence or the witnesses. (Anil Kumar Upadhyay, J) Ravi/- U T