IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15528 of 2008 MUNNA MAHTO Versus THE STATE OF BIHAR ----------- 2 06.5.2008 Heard learned counsel for the petitioner as also the learned A.P.P. for the State. Petitioner is one of the accused in Sonepur (Hajipur) Rail P.S. Case No. 61 of 2007 under sections 420, 468, 467, 471, 120B/34 I.P.C. and apprehensive of his arrest in connection therewith has prayed for anticipatory bail. According to the prosecution case, on 16.8.2007 three persons were found travelling with fake railway tickets at Hajipur railway station and with the help of other railway staff fake tickets were found from their possession. They were shown to have been sold by Chapra CBA but on inquiry it was found that no such ticket had been sold by Chapra CBA whereupon all three persons were apprehended at the spot. These three petitioners divulged the name of two of their associates including that of the petitioner who were equally involved in the nefarious activity but had managed to flee away at the time of raid. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case at the instance of co-accused Kameshwar Rai with whom he was on inimical terms from before the incident as he had reported against the nefarious activities of accused Kameshwar Rai. It was also sought to be submitted that the confessional statement of the accused has no value - 2 - in the eye of law and it has been used to implicate the petitioner as one of the associates of the three apprehended persons. Be that as it may it appears from the impugned order of the Sessions Judge that the petitioner has been directed to surrender in the Court below within two weeks from the date of order i.e. 5.3.2008. However, without complying with the order he has approached this court. Since the matter involves the use of forged railway tickets and the petitioner had been named as one of the accomplice of the gang whose hide out was busted, it would not be proper to enlarge the petitioner on anticipatory bail. He may, however, surrender in the Court below and seek regular bail and in the event of such prayer being made the learned Magistrate will dispose of the application in accordance with law. The prayer for anticipatory bail is rejected. Sanjay/- (Abhijit Sinha, J.)