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Patna High CourtCR. MISC./22289/2025bail granted

Nawal Mandal @ Nawal Kumar@ Nawal v. The State Of Bihar

2025-04-29Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22289 of 2025 Arising Out of PS. Case No.-110 Year-2016 Thana- AMARPUR District- Banka ====================================================== Nawal Mandal @ Nawal Kumar@ Nawal S/O Subhash Prasad Singh VillageBirma, PS- Amarpur, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Amarpur P.S. Case No. 110 of 2016, instituted for the offences punishable under Sections 3, 4 and 5 of the Explosive Substances Act.

3. The prosecution case, in short, is that, on the night of 05-04-2016, around 11-12 PM, a bomb explosion injured coaccused Manoj Kumar Singh. As per the prosecution case Manoj was making bombs near the river with co-accused Mahesh Singh, Nandan Singh and others when the explosion took place. His associates fled from the spot, leaving him injured, and Manoj managed to return home on his own.

Patna High Court CR. MISC. No.22289 of 2025(2) dt.29-04-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Manoj Kumar Singh and the same has got no evidentiary value. It is next submitted that there is no eye witness to the said occurrence, no substantive evidence against and no specific allegation has been levelled against the petitioner. The allegation attributed against the petitioner is general and omnibus in nature. The petitioner is in custody since 23.10.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 08.04.2025 passed in Cr. Misc. No. 19237 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail

Patna High Court CR. MISC. No.22289 of 2025(2) dt.29-04-2025 3/3 to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amarpur P.S. Case No. 110 of 2016.

(Rudra Prakash Mishra, J) Rajorshi/- U T