Sharwan Shah @ Sharwan Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9691 of 2024 Arising Out of PS. Case No.-34 Year-2013 Thana- CHANAN District- Lakhisarai ====================================================== 1.
Sharwan Shah @ Sharwan Saw, aged about 75 years, G-Male, Son Of Late Kesho Shah, Resident Of Village - Khaira, P.S. - Kajra, District - Lakhisarai 2.
Bipin Sah @ Bipin Saw, aged about 30 years, Gender-Male, Son Of Shrawan Shah Resident Of Village - Khaira, P.S. - Kajra, District - Lakhisarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mayank Bilochan, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody in connection with Chanan P.S. Case No.34 of 2013 registered for an offence punishable under Sections 147, 148, 149, 307 and 427 of the Indian Penal Code and Sections 3/4 of the Explosive Substance Act and Sections 16, 18(b) and 20 of the UAP Act, 1967.
3. As per allegation in the FIR, the case relates of explosion of bomb near the main road at Jamui Mananpur.
4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case and the petitioners are not named in the FIR and there is general and om-
Patna High Court CR. MISC. No.9691 of 2024(2) dt.22-02-2024 2/3 nibus allegation against them and their names figured on the basis of suspicion. Similarly situated co-accused persons have already been granted bail by different Benches of this Court passed in Cr. Misc. Nos. 28802 of 2023 and 60500 of 2023. Petitioners are in custody since 04.05.2023.
5. Learned APP for the State opposes the prayer for regular bail of the petitioners.
6. Considering the aforesaid facts and also the fact that similarly situated co-accused persons have already been granted bail by a Co-ordinate Benches of this Court, let the above named petitioners be released on bail after framing of the charge on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-I, Lakhisarai in connection with Chanan P.S. Case No. 34 of 2013.
7. The trial Court is directed to conclude the proceeding of framing of charge according to the law within a period of fifteen days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted, then the above named petitioner shall be released on bail on above conditions and the petitioner shall be present physically on each and every date before the trial Court till con-
Patna High Court CR. MISC. No.9691 of 2024(2) dt.22-02-2024 3/3 clusion of the proceeding of framing of charge. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T