Shiv Mangal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77123 of 2024 Arising Out of PS. Case No.-134 Year-2024 Thana- DANAPUR RAIL P.S. District- Patna ====================================================== Shiv Mangal Kumar S/O Ram Subhash Chauhan R/o Vill - Neura Kumhar Toli, Ward No.07, P.S - Neura, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Narayan Singh, Advocate.
For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with G.R.P. Danapur P.S. Case No.134 of 2024, registered for the offences punishable under Sections 147, 149, 341, 323, 332, 337, 338, 307, 353, 379, 427 of the Indian Penal Code and Section 152 of Railways Act.
3. As per prosecution case, during patrolling duty in Train No.12488, Seemanchal Express, 20-25 persons deboarded from the train and pelted stones on R.P.F. personnel as well as on the train due to which the window glass of the train has been broken. The accused persons also took away the bag containing Rs.1 lac of the pantry car Manager, Md. Zeeshan.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of suspicion only. He further submits that there is no
Patna High Court CR. MISC. No.77123 of 2024(4) dt.17-01-2025 2/2 material against the petitioner. He also submits that the petitioner was neither present on the spot nor he was involved in the offence. Learned counsel submits that investigation has already been completed and charge sheet is submitted in this case. He further submits that petitioner has one criminal antecedent in which he is on bail. Learned counsel submits that similarly situated co-accused persons has been granted bail by this Court vide order dated 18.12.2024 passed in Cr. Misc. No.74963 of 2024. He further submits that petitioner is in custody since 01.07.2024 and he undertakes to cooperate in the trial of the case.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Court, Patna in connection with G.R.P. Danapur P.S. Case No.134 of 2024.
(Sunil Dutta Mishra, J) Ritik/- U T