Dayanand Kushwaha @ Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15211 of 2015 Arising Out of P. S. Case No. -156 Year- 2014 Thana -KASIMBAZAR District- MUNGER ====================================================== Kanhaiya Thakur, son of Shambhu Thakur, resident of village- Nayatola, Chandanbagh, P.S.- Kasim Bazar, District- Munger. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.16442 of 2015 Arising Out of P. S. Case No. -156 Year- 2014 Thana -KASIMBAZAR District- MUNGER ====================================================== Dayanand Kushwaha @ Mandal son of Sita Ram Mandal, resident of Mohalla- Purab Sarai ( Durga Asthan), P.S. Munger Kotwali, DistrictMunger. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 02-06-2015 Both these applications arise out of Kasim Bazar P. S. Case No. 156 of 2014 for the offence punishable under Sections 3, 4 & 5 of the Explosive Substance Act and Sections 307, 427 of the Indian Penal Code as such they have been heard together and are being disposed of by this common order.

Heard.

The accused-petitioners seek bail in the aforesaid case. The prosecution case, in brief, is that on telephonic call a sum of Rs.10,000/- was demanded as rangdari who disclosed

Patna High Court Cr.Misc. No.15211 of 2015 (2) dt.02-06-2015 2/3 his name as Prashant Mishra. Later on, an explosive substance was found kept in the veranda of the informant for which the case was lodged again on the same night. A bomb was thrown on the house of the informant.

It is submitted that the name of the petitioners has appeared in the confessional statement of co-accused. Nothing has been recovered from the possession of the petitioners. Learned counsel for the State submits that both the petitioners have criminal antecedent of similar nature. Though, the petitioners are in custody since 28.1.2015.

Considering the facts and circumstances, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Smt. Rachna Srivastava, J. M. 1st Class, Munger /court concerned in Kasim Bazar P. S. Case No. 156 of 2014 after framing of charge with following conditions:-

1. The petitioners will not indulge themselves in similar or any other offence.

2. One of the bailors must be the close relative of the petitioners.

3. The petitioners will be well represented in the Court on

Patna High Court Cr.Misc. No.15211 of 2015 (2) dt.02-06-2015 3/3 each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, their bail bonds would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T