Upendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49461 of 2016 Arising Out of PS.Case No. -634 Year- 2016 Thana -SARAN GRP CASE District- SARAN ======================================================

1. Upendra Paswan Son of Nagina Paswan, resident of Village- Vishupur Giddha, P.O.- Susta, P.S.- Maniyari, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 153/147 of the Railway Act.

According to the F.I.R., the petitioner was crossing the railway line on a motorcycle. The petitioner saw the train coming, then left his motorcycle and fled away. Submission of the petitioner is that in fact to save his life the petitioner anyhow escaped and in fact looser is the petitioner because his motorcycle was crushed. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the

Patna High Court Cr.Misc. No.49461 of 2016 (2) dt.09-12-2016 2/2 Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Sonepur, Saran/Successor Court in connection with Muzaffapur R.P.F. Case No.634 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Birendra Kumar, J) Mkr./- U T