Patna High Court
BHANKUL SAHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court directed that the petitioners be released on regular bail.
Summary
The petitioners, Bhankul Sah and Ramesh Kumar, were arrested for allegedly attempting to escape after being caught with 15 metres of aluminium cable and pendrol clips, alleged theft under Section 3 of the Railway Property (Unlawful Possession) Act, 1966. They claimed they were falsely implicated, had no criminal antecedents, and no incriminating article was recovered from them. They had been in custody since 1 September 2025 and a charge‑sheet had already been filed. The State opposed their bail application. Considering the nature of the allegation, the long period of custody, the filing of the charge‑sheet, and the petitioners' clean record, the court ordered that they be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether regular bail should be granted to the accused under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 considering the nature of the offence, custody period, and lack of antecedents
Legislation cited
Subjects
- bail
- Railway Property (Unlawful Possession) Act
- theft
- regular bail
- criminal antecedent
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.634 of 2026
Arising Out of PS. Case No.-8 Year-2025 Thana- SAMSTIPUR RPF/POST District-
Samastipur
======================================================
1. BHANKUL SAH Son of Late Vinod Sah @ Vinod Kumar Sah R/o Belari
Sonar Tola, P.O. and P.S.- Ujiarpur, District - Samastipur, State - Bihar.
2. Ramesh Kumar Son of Abodh Sah R/o Bagdob, P.O. and P.S.- Begusarai,
District - Begusarai, State - Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhigyan Kumar, Advocate
Mr.Amit Narayan, Advocate
For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Rail R.P.F/Samastipur
P.S. Case no.8 of 2025 registered under section 3 of the Railway
Property (Unlawful Possession) Act, 1966.
3. As per the prosecution case, on being asked by the
police personnel to stop, it is stated that the three accused
persons including the two petitioners herein made an attempt to
escape. The petitioners were caught and from their possession
15 meters of aluminium cable and pendrol clip was recovered.
On enquiry, it is stated that they disclosed that they commit theft
of these articles and sell it to kabadiwala.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.634 of 2026(2) dt.15-01-2026
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petitioners have been falsely implicated in the case. No
incriminating article has been recovered from their possession
and they have no criminal antecedent. They are in custody since
1.9.2025 and charge-sheet has been submitted in the case. They
undertake to cooperate in the investigation/trial.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioners in the FIR, the petitioners being in custody since
1.9.2025, charge-sheet having been submitted in the case and
especially the petitioners not having any criminal antecedent,
both the petitioners are directed to be enlarged on bail in
connection with Rail R.P.F/ Samastipur P.S. Case no.8 of 2025
on each of them furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate,
Railway, District-Samastipur.
(Partha Sarthy, J)
Shiv/-
U T
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