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Patna High Court – Orders
Naubahr Singh &Amp; Ors vs State Of Bihar on 16 June, 2010
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.19690 of 2010
                1. NAUBAHR SINGH , Son of late Chetram Singh, R/o
                    Bahadurpur (Sharfuddin Hussain) District Bignaur
                    poasted as Railway Protection Force Bulamnsu
                    Muradabad Division, North Eastern Railway
                2. Devendra Singh, Son of Chandra Singh, Resident of
                    village Jalatta, P.S. Uhhimath, District Rudra Prayag
                    (Uttranchal) posted as Railway Protection Force,
                    Hardoi, Muradabad Division, North Eastern Railway
                3. Sedu Ram Bairba @ Sadhu Ram Bairba , Son of
                    Harful Bairba, R/o village Todoggun Singh, P.S.
                    Rajgarh, District Aluer (Rajsthan) posted as Railway
                    Protection Force, Dayabasti, Delhi
                4. Sunil Kumar Sahoo, Son of Sudhir Kumar Sahu,
                    resident of village Kanpur, P.S. Kattak, District Kattak
                    (Orissa) poasted as 3rd BN Lucknow.
                5. Mahendra Kumar, son of Asha Ram Resident of
                    village Akhba, P.S. Fatehpur, P.S. Fatehpur, District
                    Sikar (Rajsthan) posted as Railway Protection Force
                    'E' Company Rallam Division, Western Railway
                                                              ......Petitioners
                                             Versus
                          STATE OF BIHAR .... Opposite Party
                                           -----------

For the Petitioners : Mr. Shivendra Prasad, Advocate
For the State : Mr. Uma Shankar Pd. Singh, A.P.P.

——

2 16.06.2010 Heard learned counsel for the petitioners and

the State.

The petitioners apprehend their arrest in a

case registered for offences punishable under sections

384, 504, 427/34 of the Indian Penal Code.

As per the allegation in the first information

report the petitioners along with other co-accused
-2-

persons, who were on duty as Escort Party of R.P.F on

the date of occurrence, suspected that the ‘Rum’ being

carried by the members of JAPI, Sahebganj, STF Force

was illegal. However, as per the allegation they also

asked the informant to pay Rs. 500/-. On refusal ,one of

the box containing ‘Rum’ was thrown out of the train by

them.

Learned counsel submits that the petitioners

are members of the R.P.F. Escort Party and have been

falsely implicated in this case. It is also submitted that

one of the co-accused R.K.Kachhawaha, who is on

similar footing to that of the petitioner, has been granted

anticipatory bail by a Bench of this Court vide order

dated 5.10.2009 passed in Cr.Misc. No. 9640 of 2009

and another accused, namely Brahmeshwar Singh, has

been granted bail by another Bench of this Court vide

order dated 29.9.2008 passed in Cr. Misc. No. 30590 of

2008. Learned counsel produces the certified copies of

the aforesaid orders. Let the same be kept on record.

Having considered the facts and the

circumstances of the case, let the abovenamed petitioners

in the event of arrest or surrender by them within four
-3-

weeks, be enlarged on bail on their furnishing bail bonds

of Rs.10,000/-(Rupees Ten Thousand) each with two

sureties of the like amount each to the satisfaction of the

Railway Judicial Magistrate, Gaya, in connection with

Jehanabad Rail P.S. Case No. 9 of 2007, subject to the

conditions laid down under Section 438(2) of the Code

of Criminal Procedure.

Spd/-                    (Dr. Ravi Ranjan, J.)
 

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