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Patna High CourtCR. MISC./9481/2019bail granted

Naiyar Nehal Anjum v. The State Of Bihar

2019-05-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9481 of 2019 Arising Out of PS. Case No.-56 Year-2014 Thana- MUFFASIL District- Aurangabad ====================================================== NAIYAR NEHAL ANJUM Son of Md. Sarajuddin Khan Resident of VillageBypass Road, Suleman Nagar, Gondapur, P.S.-Nawada, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 414/34 of the Indian Penal Code and 3, 4 and 5 of Explosive Substance Act.

The prosecution case in short is that while the informant along with other police personnel were on patrolling duty, on checking of the vehicles, 4 coil of detonating fuse and 20 cartoon emulsion explosive have been recovered. It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.12.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.9481 of 2019(3) dt.03-05-2019 2/2 There is no substantive evidence to suggest his implication in the present case. The name of the petitioner has transpired on the basis of confession of co-accused. The driver of the vehicle has stated that the car in question was used as taxi and the petitioner is the owner of the taxi. The petitioner has no knowledge regarding the nature of goods kept in the car. Other co-accused have been granted bail vide Annexures- 2 and 3 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned learned Chief Judicial Magistrate, Aurangabad in connection with Muffasil P.S. Case No. 56 of 2014.

(Sudhir Singh, J) Pankaj/- U T