Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64072 of 2024 Arising Out of PS. Case No.-269 Year-2024 Thana- KIUL RPF/POST District- Lakhisarai ====================================================== Jitendra Kumar Son of Surydev Ram Resident of Village - Dihi, P.S. - Akbarpur, District - Nawada, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pintu Kumar Patel For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 153 of Railway Act.

3. As per FIR, the petitioner was collided with a train while he was trying to cross the railway track on his motorcycle through an unauthorized level crossing.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. He is not named in the FIR. His name has been transpired in the present case in course of investigation. It is further submitted that the petitioner was

Patna High Court CR. MISC. No.64072 of 2024(2) dt.01-10-2024 2/2 crossing the railway track in proper manner through a railway gate, but due to negligence of the gate man, the same railway gate was not closed timely due to which the bike of the petitioner collided with the train, as a result, the petitioner got badly injured and was treated at Nawada Hospital. It is further submitted that petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the petitioner was badly injured in the alleged occurrence, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with RPF Kiul P.S. Case No. 269 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T