Bittu Kumar @ Bittu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22267 of 2021 Arising Out of PS. Case No.-165 Year-2020 Thana- ISHAKCHAK District- Bhagalpur ====================================================== BITTU KUMAR @ BITTU PASWAN Son of Nawal Paswan Resident of Village - Malti, P.O.- Orhara, P.S.- Rajoun, District - Banka, At present Bhikhanpur Gumti No. 02, P.S.- Ishakchak, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-10-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 504, 506 and 34 of the Indian Penal Code and sections 3 and 4 of the Explosive Substance Act.

As per the prosecution case, three accused persons hurled bomb on the petrol pump of the informant. Out of them two of the accused were identified in the CCTV footage as Ankit Kumar and Rajvir @ Rajiv Sah. The third could not be identified. It is further stated by the informant that the petitioner who used the work on the petrol pump had been disengaged because of his acts and he had threatened that the informant would have to face the consequences.

Patna High Court CR. MISC. No.22267 of 2021(2) dt.08-10-2021 2/2 It is submitted by learned counsel for the petitioner that the allegations against the petitioner are false and concocted for reasons which are evident from perusal of the F.I.R. itself. The informant himself admits that there was differences between the petitioner and the informant. Further, admittedly the petitioner did not take part in the alleged occurrence as there was no reason that he would not be identified having himself worked at the petrol pump. He is in custody since 21.12.2020 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner having remained in custody for more than 9 months, the Court directs the petitioner to be enlarged on bail in connection with Ishakchak P.S. Case no.165 of 2020 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 Judicial Magistrate 1st Class, Bhagalpur.

(Partha Sarthy, J) Saurabh/- U T