Basudeo Rajbanshi @ Baso Rajbanshi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16483 of 2017 Arising Out of PS.Case No. -154 Year- 2016 Thana -SIRDALA District- NAWADA ======================================================

1. Basudeo Rajbanshi @ Baso Rajbanshi, S/o Late Batu Rajbanshi.

2. Gorelal Rajbanshi, S/o Basudeo Rajbanshi.

3. Dinanath Rajbanshi, S/o Basudeo Rajbanshi. All resident of VillagePratappur, P.S. Sirdala, District- Nawada. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Akhilesh Kumar For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-04-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Sirdala P.S. Case No. 154 of 2016, registered under Sections 324, 326 and 307 of the Indian Penal Code, Section 3 / 4 of Explosive Substance Act and Sections 18, 19 and 20 of Prevention of Unlawful Activities Act.

The accusation is that Police received information about damaging of house of petitioner No.1 Basudeo Rajbanshi @ Baso Rajbanshi. Thereafter, Police reached there and saw one person in injured and unconscious condition. On query, the villagers disclosed the name of injured as Upendra Mistri, who was working in the house of Basudeo Rajbanshi for last 3-4 days. On search of house, two live pipe bombs and remnants

Patna High Court Cr.Misc. No.16483 of 2017 (3) dt.28-04-2017 2/2 of explosion were recovered from there.

Learned counsel for the petitioners submits that petitioner No.1 Basudeo Rajbanshi @ Baso Rajbanshi is the owner of the under constructed house, where the carpenter was doing work and petitioner Nos. 2 and 3 are the sons of petitioner No.1. Further submission is that, in fact, the house where the bomb is said to be exploded is of under construction and the family members of the petitioner were not present there. Further submission is that while the petitioner is accused in other two cases, as detailed in para-03 of the petition and petitioner Nos. 2 and 3 have no criminal antecedent. Further submission is that all the petitioners are in custody since 18.10.2016 and Chargesheet has also been submitted. Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Sirdala P.S. Case No. 154 of 2016. (Rajendra Kumar Mishra, J) manish/- U T