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Patna High CourtCR. MISC./58647/2025allowed

Baliram Sahani v. The State Of Bihar

2025-08-27Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58647 of 2025 Arising Out of PS. Case No.-151 Year-2014 Thana- CHAKIA District- East Champaran ====================================================== Baliram Sahani S/O Late Anandi Sahani Resident of village- Parsauni Kapoor, P.S.- Patahi, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

Mr. Hemant Ray, Adv.

For the Opposite Party/s :

Mr. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-08-2025 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mr. Renuka Ratnakar, learned APP for the State.

2. The petitioner has prayed for bail in connection with Chakia P.S. Case No. 151 of 2014 registered for the offence punishable under Sections 121, 121(A), 124(a), 427, 120(B) and 307 of the Indian Penal Code, Sections 3& 4 of the Explosive Substance Act, Sections 3 & 4 of the Prevention of Damage of Public Property Act, Sections 16 & 17 of the Unlawful Activities Prevention Act, Section 17 of the Criminal Law Amendment Act, Sections 150, 151, 152 of the Railway Act, 1989.

3. The case of the prosecution is that a goods train has derailed near Harpur Halt between Chakia and Mehsi Railway

Patna High Court CR. MISC. No.58647 of 2025(2) dt.27-08-2025 2/3 Station. Chakia Police visited the place of the occurrence, and it is alleged that CPI (Maoist) has given a call of bund, and they kept explosives, and on account of that, a goods train has derailed. Altogether 51 accused persons are named in the FIR.

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. Learned counsel for the petitioner has submitted that there is no specific allegation against this petitioner and there is no eye witness to the occurrence. It has also been submitted that similarly situated other co-accused persons have already been granted bail by Co-ordinate Bench in Cr. Misc. No. 20568 of 2015, 7434 of 2018 and so on. The case of this petitioner stands on similar footing. He further submits that the petitioner is languishing in judicial custody since 18.03.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of 10 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.58647 of 2025(2) dt.27-08-2025 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 Judicial Magistrate 1st Class, Motihari, East Champaran, in connection with Chakia P.S. Case No. 151 of 2014.

(Ashok Kumar Pandey, J) Sudhanshu/- U T