IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90380 of 2024 Arising Out of PS. Case No.-118 Year-2024 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== 1. Paltu Sahani @ Paltu Sahni S/o Jagdish Sahani R/o vill - Tetarabad, Ghatara, Jalkora, ward no. 9, P.S. - Gangaur, Distt.- Khagaria 2. Manish Kumar S/o Kailash Mandal R/o vill - Bari Jhitkiya, ward no. 8, P.S. - Maheshkhunt, Distt.- Khagaria 3. Rajesh Kumar S/o Raso Sharma R/o vill - Chotki Jhitkiya, ward no. No. 4, P.S. - Maheshkhunt, Distt.- Khagaria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aryan Singh, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 20-01-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seeks bail in connection with Sasaram Rail P.S. Case No. 118 of 2024 instituted for the offences under Sections 317(5), 313 of the Bharatiya Nyaya Sanhita, 2023. 3. Prosecution case, in short, is that, the petitioners on seeing the police party tried to flee away but were apprehended and search was made. It is further alleged that one screwdriver, three mobile phones and other articles were recovered from the petitioners regarding which they failed to provide reasonable answer. Patna High Court CR. MISC. No.90380 of 2024(2) dt.20-01-2025 2/2 4. Learned counsel for the petitioners submitted that the petitioners are innocent and have falsely been implicated in the present case due to high handedness of police. No incriminating article has been recovered from the conscious possession of the petitioners. There is no compliance of Section 103 of the BNSS. It has been submitted on behalf of the petitioners that the petitioners are in custody since 02.09.2024 and have no criminal antecedent. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sasaram Rail P.S. Case No. 118 of 2024. Alok Verma/- (Rudra Prakash Mishra, J) U T