Patna High Court - Orders
Sunil Khatri vs The State Of Bihar on 22 February, 2017
Author: Nilu Agrawal
Bench: Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4907 of 2017
Arising Out of PS.Case No. -117 Year- 2014 Thana -RAFIGANJ District- AURANGABAD
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1. Sunil Khatri, Son of Shankar Lal Khatri, Resident of Village- Jakhim,
P.S.- Rafiganj, Distt- Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Sri S.M. Rahman, A.P.P.
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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
2 22-02-2017Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 02.04.2015 in connection with Rafiganj P. S. Case No. 117 of 2014, G.R. No. 1446 of 2014 registered for the offences punishable under Sections 307, 427, 124- A of the Indian Penal Code, under Section 3/4 of Explosive Substance Act, under Sections 150/152 of the Railways Act & Section 17 of the C.L.A. Act.
The petitioner had earlier moved this Court in connection with Cr. Misc. No. 14656 of 2016 for regular bail, which was rejected by order dated 23.05.2016.
The prosecution case, as lodged by the Officer-in- Patna High Court Cr.Misc. No.4907 of 2017 (2) dt.22-02-2017 2/3 charge, Rafiganj Rail Police Station, is that on 22.07.2014 at about 11.35 P.M. when he reached near Gordiha Railway Gate, he heard an explosion and found the track broken and a pilot engine derailed. When they proceeded towards the direction of the escaping extremists he heard shouting the names of several extremists including the petitioner, who were seen running away from the railway track.
It has been submitted by the learned counsel for the petitioner that as per the allegation, that extremists exploded bomb and damaged rail track and further over head electric wire was also damaged from where about 20-25 persons were seen running in which eight have been identified by the villagers. Amongst the said identified named accused persons, Sidhnath Yadav @ Sidhnath @ Vikash Yadav @ Vikash @ Vikash Jee and Bhupendra Rajak @ Sanjeevan Baitha have been granted the privilege of bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 17935 of 2016 dated 24.06.2016 and Cr. Misc. No. 48176 of 2016 dated 20.12.2016, respectively. It is submitted that the identification of the petitioner by the informant and villagers are not reliable and general and omnibus allegations have been leveled against him on the basis of suspicion.
Patna High Court Cr.Misc. No.4907 of 2017 (2) dt.22-02-20173/3
However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R. has criminal antecedent, hence, opposes the prayer for bail.
Considering the facts and circumstances and that other co-accused have been granted the privilege of bail by this Court, let the petitioner, above named, to be released on bail on furnishing bail bond of Rs. 10,000/-( Rupees ten thousand) with two sureties of the like amount each in connection with Rafiganj P. S. Case No. 117 of 2014, G.R. No. 1446 of 2014 to the satisfaction of the learned Railway Judicial Magistrate- Ist Class, Gaya, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Nilu Agrawal, J) Sudha/-
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