Ainul Khan @ Ainul Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10984 of 2023 Arising Out of PS. Case No.-54 Year-2014 Thana- AMBA District- Aurangabad ====================================================== Ainul Khan @ Ainul Miyan Son Of Late Bashruddin Khan R/O VillageGamhariya Tole, Suryapura, P.O. And P.S.- Tanwa, District- Aurangabad (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Amba P.S. Case No. 54 of 2014 registered under sections 147, 148, 149, 452, 436, 427, 380, 504 and 506 of the Indian Penal Code, Section 3/4 of the Explosive Act and Section 17 of C.L.A. Act.

As per allegation in the FIR, about 15-20 persons entered the informant's house and after inquiring as to whether the house belonged to the informant's husband Ranvijay Singh, after that they vandalized the household articles and after raising slogans in favour of the MCC, they left the place. Further, there were two persons named and 100-150 persons unknown to the

Patna High Court CR. MISC. No.10984 of 2023(2) dt.20-04-2023 2/3 informant, who had allegedly committed the offence and were members of the same extremist organization. They also exploded the bomb inside the house of the informant due to which all material burnt and looted away some cash and ornament from the house.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. The petitioner is not named in the F.I.R. rather his name came into light in this case on the basis of confessional statement of other co-accused person, namely, Sanjay Singh before the police. Nothing has been recovered from the possession of the petitioner. It is also submitted that he has not been put on T.I.P. Moreover, he is languishing in judicial custody since 08.04.2022. Similarly situated several co-accused persons have already been granted bail by the different co-ordinate Bench of this Court vide Annexure-2 series of this petition. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to

Patna High Court CR. MISC. No.10984 of 2023(2) dt.20-04-2023 3/3 enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Amba P.S. Case No. 54 of 2014 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Judge Cum Special Judge M.P/M.L.A. Court, Aurangabad (Bihar).

(Sunil Kumar Panwar, J) amandeep/- U T