Patna High CourtCR. MISC./9637/2024bail granted

Mahtab Khan v. The State Of Bihar

2024-02-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9637 of 2024 Arising Out of PS. Case No.-568 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== Mahtab Khan S/O Aslam Khan R/O Village- Angar, P.S- Dobhi, Distt.- Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Murad Ashraf, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sherghati (Dobhi) P.S. Case no. 568 of 2023 registered under sections 307, 427 and 34 of the Indian Penal Code and sections 3, 4 and 5 of the Explosive Substance Act.

3. As per the prosecution case, the informant states that bomb was thrown towards his residence causing damage to the property. It is stated that other persons in the vicinity saw two persons escaping namely Imran Khan and Devanand Das. The informant states that on earlier occasion also they had demanded rangdari.

4. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. Referring to the order of the learned trial Court it is submitted that the petitioner was caught

Patna High Court CR. MISC. No.9637 of 2024(2) dt.22-02-2024 2/2 in one another case and falsely implicated by showing recovery of six pellets and on the basis of alleged confessional statement made before police he has been implicated in the case. The petitioner is in custody since 4.10.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the material that has transpired in course of investigation as is evident from the order of the learned trial Court together with the petitioner having remained in custody for more than four months since 4.10.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sherghati (Dobhi) P.S. Case no. 568 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate- Ist Class, Sherghati, District- Gaya.

(Partha Sarthy, J) Harsh/- U T