Md. Ekram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4672 of 2019 Arising Out of PS. Case No.-725 Year-2018 Thana- Bihta District- Patna ====================================================== Md. Ekram (M) aged about 49 years, Son of Late Ashgar Ali, Resident of Village - Taranagar, Police Station-Bihta, District-Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhanshu Shekhar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-02-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Bihta P.S. Case No.725 of 2018 registered for the offences punishable under Sections 420 and 286/34 of the Indian Penal Code, Sections 4 and 5 of the Explosive Substance Act, 1908 and Section 63 of the Copyright Act.

Learned counsel for the petitioner submits that the alleged recovery of explosive substance has taken place from the house of Md. Pappu son of late Abdul Qyum and Md. Khurshid. It is submitted that this petitioner has been falsely implicated on the allegation that he also happen to be one of the persons engaged in manufacturing of crackers. Learned counsel submits that this petitioner has got no criminal antecedent and the similarly situated co-accused, Afsana Bano @ Moni and Md. Appu have been granted privilege of anticipatory bail by a learned Coordinate Bench of this Court in Criminal Miscellaneous No.67626 of 2018.

Learned APP for the State is present and has opposed

Patna High Court Cr.Misc. No.4672 of 2019(2) dt.11-02-2019 2/2 the prayer for bail.

In the given facts and circumstances of the case, wherein the alleged recovery seems to have taken place from the house of the co-accused and the name of the petitioner has transpired on suspicion as also that the co-accused persons have been granted privilege of anticipatory bail, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.15,000/-(rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M- 1st, Danapur in connection with Bihta P.S. Case No.725 of 2018, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) R.R.Ojha/- U T