Md. Akhatar @ Dehati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19166 of 2024 Arising Out of PS. Case No.-359 Year-2023 Thana- BIHAR District- Nalanda ====================================================== Md. Akhatar @ Dehati S/O Mahmood Alam R/O Village- Badi Dargah, Naya Tola, P.S- Bihar, Distt.- Nalanda At Present Katra Nadi Mor, P.S- Bihar, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ashok Kumar, Advocate For the State :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bihar P.S. Case No. 359 of 2023 instituted for the offence under Sections 290, 336, 120(B) of the Indian Penal Code and Sections 3⁄4 of the Explosive Substance Act.

3.

Prosecution case in short is that the police received information that smoke was coming out from a hut and three people got injuries. During investigation as also seeing visuals of CCTV footage, it was revealed that the accused persons were keeping the illegal explosive substance for wrong intention which exploded due to which they sustained injuries. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.19166 of 2024(2) dt.18-03-2024 2/2 that the petitioner is in custody since 06-06-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Similar co-accused have been granted bail by a Coordinate Bench of this Court vide Annexure-2 series to this application.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Bihar P.S. Case No. 359 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T