Md. Zawed @ Zawed v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17976 of 2016 Arising Out of PS.Case No. -145 Year- 2015 Thana -DHURAIYA District- BANKA ======================================================
1. Md. Zawed @ Zawed, son of Md. Wahid Ansari, resident of Village: Singarpur, P.S: Dhouraiya, District: Banka.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shree Niwas Singh, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Dhouraiya P.S.Case No. 145/2015 registered for offences punishable under Sections 147, 148, 149, 324, 307, 504, 506 of the Indian Penal Code and under Section 3/4 of Explosive Substance Act.
The prosecution case is that the wife of the informant, Nizamul Ansari, went to fetch water from hand pump, where the wife of Md. Wahid forbade her to take water and then quarrel took place, thereafter five accused persons including the petitioner began to abuse and they commanded to explode bomb, thereafter Md Wahid exploded bomb towards the members of the informant
Patna High Court Cr.Misc. No.17976 of 2016 (2) dt.06-05-2016 2/3 by which the informant, Md. Israil, Md. Imran and Md. Muntajib sustained injuries.
It has been submitted by the learned counsel for the petitioner that the petitioner is innocent, has a clean antecedent and they are the co-villagers and neighbors. It has also been submitted that there is counter case bearing Dhouraiya P.S.Case No. 146/2015 against the informant side and both the parties have settled amicably the matter.
Learned counsel for the petitioner has submitted that there is general and omnibus allegation against him and other coaccused have been granted bail by a Coordinate Bench of this Court passed in Cr. Misc. No. 45140 of 2015 dated 30.09.2015 and Cr. Misc. No. 47214 of 2015 dated 16.10.2015. However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report and the injury has found to be grievous, hence, opposes the prayer for bail. Be that as it may, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Banka in connection with
Patna High Court Cr.Misc. No.17976 of 2016 (2) dt.06-05-2016 3/3 Dhouraiya P.S.Case No. 145/2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Nilu Agrawal, J) Sudha/- U T