Md. Chamru @ Md. Aftab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3420 of 2020 Arising Out of PS. Case No.-171 Year-2007 Thana- KOTWALI District- Munger ====================================================== MD. CHAMRU @ MD. AFTAB Son of Md. Bhola Miya @ Md. Rashid @ Rasheed Resident of Village - Murguya Chak Shastri Cowk, P.S.- Kotwali, Distt.- Munger.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance For the Petitioner : Mr. Shivendra Kumar Sinha, Advocate For the State : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-05-2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Kotwali P.S. Case no. 171 of 2007 registered under section 307 and 324 of the Indian Penal Code and sections 3 and 4 of the Explosive Substance Act. As per allegation in the F.I.R., the accused persons had some altercation over intake of ganja. Soon thereafter it is stated that Md. Parwez and the petitioner hurled bomb causing injury to the informant who was taken to the hospital for treatment. It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false which would be evident from the injury report of the informant brought on record as Annexure-3 to the petition wherein the doctor has found the injury on the informant to be simple in nature caused

Patna High Court CR. MISC. No.3420 of 2020(3) dt.27-05-2020 2/2 by hard and blunt substance. It is submitted that the petitioner has no criminal antecedent and is in custody since 25.11.2019. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the aforesaid facts, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kotwali P.S. Case no. 171 of 2007 (District Munger) on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger. In view of the case being of the year 2007, it is directed that the petitioner shall remain present in Court on each and every date of the trial and in case the petitioner's absence on two consecutive dates for reasons not to the satisfaction of the learned Court below, the bail granted to the petitioner shall be cancelled and he shall be taken into custody till conclusion of the trial.

(Partha Sarthy, J) Bibhash/- U