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Patna High Court

BHANKUL SAHversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                         2/2




                       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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