Shambhu Paik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31653 of 2018 Arising Out of PS.Case No. -605 Year- 2017 Thana -BANKA District- BANKA ====================================================== Shambhu Paik son of Late Ganesh Paik resident of village - Mahua, P.S. Panjiwara, District - Banka .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Banka (Barahat) P.S. Case No. 605 of 2017 registered for the offences punishable under Sections 399 and 402 of I.P.C. and Sections 3 & 4 of the Explosive Substances Act.

The allegation is regarding the petitioner having been caught from the place of occurrence and 8 live bombs were recovered from the possession of the petitioner. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he is languishing in custody since 21.09.2017. It is further submitted that barring one case in which the petitioner is on bail, the petitioner is having a clean antecedent.

Patna High Court Cr.Misc. No.31653 of 2018 (4) dt.19-07-2018 2/2 Having regard to the fact and circumstances of the case, I am of the view that the petitioner herein be released on regular bail immediately upon completion of one year of custody. Accordingly, the petitioner, above named, is directed to be released on regular bail immediately upon completion of one year of custody from 21.09.2017 on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Banka (Barahat) P.S. Case No. 605 of 2017.

The petition is disposed of.

(Mohit Kumar Shah, J) S.Sb/- U T