Ramashish Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60776 of 2017 Arising Out of PS.Case No. -197 Year- 2017 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramashish Sah S/o Late Laxman Sah, R/o Village- Semarahiya, P.S.- Chhaudadano, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dhurendra Kumar, Adv. For the Opposite Party/s : Smt. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Paharpur P.S. Case No. 197 of 2017 registered for the offences under sections 4 and 5 of the Explosive Substances Act. It is submitted by the learned counsel for the petitioner that the petitioner has been named in the FIR on the basis of confession made by co-accused Satrughan Sah, but said Satrughan Sah did not state in his confessional statement that the petitioner had any knowledge about keeping and concealing the bomb in his open hut, which was, in fact, used for keeping cattle fodder. He submitted that the petitioner has got no concern with Satrughan Sah, who is a veteran criminal and he might have kept

Patna High Court Cr.Misc. No.60776 of 2017 (2) dt.20-12-2017 2/2 bombs with a view to damage to the petitioner's property. Further submission is that the petitioner has got two more cases but in both the cases he is on bail and the case of the petitioner stands on similar footing to the case of co-accused Sunil Jha, who has already been granted anticipatory bail by one of the coordinate Bench of this Court in Cr. Misc. No. 48596 of 2017 on 18.10.2017.

Learned Additional Public Prosecutor for the State has opposed the submission.

Considering the nature of allegation made in the FIR coupled with the submissions made by learned counsel for the petitioner, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, East Champaran, Motihari in Paharpur P. S. Case No. 197 of 2017, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (Sanjay Kumar, J) Mahesh/- U T