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
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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.)
