Gagandeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26026 of 2017 Arising Out of PS.Case No. -1096 Year- 2017 Thana -MANSI RPF/POST District- KHAGARIA ====================================================== Gagandeo Paswan Son of Late Dhana Paswan, resident of VillageMadarpur, Police Station Mahesh Khut, District Khagaria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shivendra Kumar Sinha, Advocate.

For the Opposite Party : Mr. Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-07-2017 Heard both sides.

The petitioner apprehends his arrest in Mansi R.P.F. P.S. Case No. 1096 of 2017 registered for the offence punishable under Section 153 of the Railway Act.

The petitioner is alleged to have left his motorcycle on the railway track at 10:45 AM on 17.04.2017 causing disturbance in smooth running of the train and put lives of many passengers in danger.

Learned counsel for the petitioner submits that the petitioner is a constable and he lodged Rail Mansi (Mahesh Khut) P.S. Case No. 11 of 2017 for theft of his motorcycle. The motorcycle of the petitioner was stolen in the morning but, it appears that Rail Mansi (Mahesh Khut) P.S. Case No. 11 of 2017

Patna High Court Cr.Misc. No.26026 of 2017 (2) dt.07-07-2017 2/2 at 5:00 PM, whereas the RPF reported about lying of the motorcycle on the railway track at 10:45 AM. The petitioner lodged the case in order to save his own skin. Considering the facts aforesaid and the fact that the petitioner left his motorcycle on the railway track putting lives of many passengers in danger, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T