Breaking Railway Crossing Barriers Is a Non-Bailable Offence: Jharkhand High Court Revises Earlier Order

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Ranchi, October 21, 2026: The Jharkhand High Court has clarified that offences under Section 160(2) of the Railways Act relating to breaking closed gates, chains or barriers at railway level crossings are non-bailable in nature. Hearing a petition filed by the Railway Protection Force (RPF) and the Central Government, the court modified its earlier order dated May 7. The petitioners argued that treating the offence as bailable was legally incorrect, as the provision prescribes imprisonment of up to five years upon conviction.


The case relates to the anticipatory bail plea of Anand Kumar Yadav. According to the petitioner, he was attempting to cross a railway level crossing on a scooter when the gateman suddenly lowered the barrier. The scooter could not stop in time and collided with the iron structure of the railway crossing. The petitioner claimed that no damage was caused to railway property or the gate. His anticipatory bail plea was rejected by the High Court on May 7.


Subsequently, the RPF and the Central Government sought a modification of the earlier order, citing various Supreme Court judgments and the classification of offences under the Bharatiya Nagarik Suraksha Sanhita (BNSS). After examining the relevant legal provisions and judicial precedents, the High Court modified its earlier order and disposed of the matter. The ruling clarifies the legal position regarding the non-bailable nature of offences covered under Section 160(2) of the Railways Act.

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