Patna High CourtCR. MISC./44206/2017allowed

Md. Sikandar @ Suraj @ Jitendra v. The State Of Bihar

2017-09-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44206 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -TATARPUR District- BHAGALPUR ======================================================

1. Md. Sikandar @ Suraj @ Jitendra, Son of Md. Chand, Resident of Mohalla- Bari Khanjarpur, P.S.- Barari, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Jha For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Tatarpur P.S. Case No. 03 of 2017, corresponding to Sessions Trial No. 516 of 2017, for the offences registered under Sections 3/4 of the Explosive Substances Act.

Counsel for the petitioner submits that this petitioner has been made accused in this case on the basis of confessional statement made in other case. It is the contention of the petitioner that during course of investigation nothing was recovered. The police made perfunctory investigation in the case and in the name of collecting materials the police has only collected sand and lime from the wall and prepared the seizure list after several days of the occurrence. Counsel for the petitioner submits that the petitioner

Patna High Court Cr.Misc. No.44206 of 2017 (2) dt.20-09-2017 has remained in jail for more than six months in the instant case. Considering the fact that the petitioner was not named in the FIR and he has remained in jail for more than six months, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand ) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, 1st Bhagalpur in Tatarpur P.S. Case No. 03 of 2017, corresponding to Sessions Trial No. 516 of 2017, subject to the conditions that one of the bailors should be the family members of the petitioner, the petitioner will extend full cooperation in conclusion of trial and will not tamper with the evidence or influence the witnesses.

(Anil Kumar Upadhyay, J) KKSINHA/- U T