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Patna High CourtCR. MISC./5993/2022allowed

Pintu Yadav @ Sintu Kumar v. The State Of Bihar

2022-08-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5993 of 2022 Arising Out of PS. Case No.-198 Year-2020 Thana- BANKA District- Banka ====================================================== 1.

Pintu Yadav @ Sintu Kumar Son Of Binod Yadav R/O Village- Lalukari, P.S. And District- Banka 2.

Mittan Yadav @ Mritunjay Yadav Son Of Sikandar Yadav R/O VillageLalukari, P.S. And District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 504 and 506/34 of the Indian Penal Code and Sections 3/4 of the Explosive Act.

Crux of the FIR is that the bombs were exploded on the Holi Milan Samaroh in the night at about 8 P.M. and the petitioners along with other co-accused persons have been implicated in this case.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He

Patna High Court CR. MISC. No.5993 of 2022(2) dt.03-08-2022 2/2 further submits that the petitioners have not been apprehended at the spot and no explosive substance has been recovered from their possession and no incriminating article has been recovered from the conscious or constructive possession of the petitioners. He further submits that good sense has prevailed between the parties as is apparent from the impugned order. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Banka in connection with Banka P.S. Case No. 198 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T