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Patna High CourtCR. MISC./70679/2024dismissed

Kunal Yadav @ Ritu Kumar @ Ritu Raj v. The State Of Bihar

2024-10-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70679 of 2024 Arising Out of PS. Case No.-858 Year-2024 Thana- DARBHANGA RPF/POST DistrictSamastipur ====================================================== Kunal Yadav @ Ritu Kumar @ Ritu Raj S/O Pramod Kumar Yadav R/O Village- Gangwara, P. S. - Sadar, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with RPF Post Darbhanga P.S. Case No.858 of 2024, registered for the offence punishable u/s 153, 147 of the Railway Act. 3.

Allegedly, the petitioner is said to have pelted stone on a train between Kakargatti and Darbhanga station due to which one person got injured.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence in the manner as alleged has ever taken place. The petitioner threw the stone to chase away the

Patna High Court CR. MISC. No.70679 of 2024(2) dt.22-10-2024 2/2 goat but the stone hit the train. The petitioner had no intention of pelting stone at the train. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner. 6.

Considering the aforesaid facts and circumstances and nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) priyanka/- U T