Rajiv Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79839 of 2019 Arising Out of PS. Case No.-83 Year-2019 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== RAJIV KUMAR YADAV Son of Rampravesh Gope @ Rampravesh Yadav Resident of Village- Baso Bagi, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Rail (Bakhtiarpur) PS case no. 83 of 2019 registered for the offences punishable under Sections 147, 148, 149, 427, 323 of Indian Penal Code, 27 of Arms Act and 141/152 of Railways Act.

The allegation is regarding the train in question having come to a stand still at the place of occurrence, whereupon it is alleged that unknown accused persons had engaged in stone pelting and thereafter, there was exchange of firing between the police and the accused persons, however no one is said to have been injured. During the course of investigation, it has been found that gang of miscreants was

Patna High Court CR. MISC. No.79839 of 2019(2) dt.05-12-2019 2/3 engaged in stopping the train at various places for the purposes of unloading illicit liquor. During the course of further investigation, the name of the petitioner is said to have transpired and it is alleged that he was also one of the accomplice of the accused persons who had created commotion at the railway station.

The learned counsel for the petitioner submits that neither the petitioner has been identified at the time of occurrence by the police personnel nor any recovery of incriminating articles have been made from the possession of the petitioner nor the petitioner is having any criminal antecedent and the fact is that he has been falsely implicated in the present case, upon confessional statement made by the coaccused persons arrested and interrogated during the course of investigation.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs.

Patna High Court CR. MISC. No.79839 of 2019(2) dt.05-12-2019 3/3 Ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Patna in connection with Rail (Bakhtiarpur) PS case no. 83 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T