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.)