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Patna High CourtCR. MISC./27105/2016bail granted

Kamlesh Singh v. The State Of Bihar

2016-08-30Mr. Justice Hemant Kumar Srivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27105 of 2016 Arising Out of PS.Case No. -42 Year- 2016 Thana -MADANPUR District- AURANGABAD ====================================================== Kamlesh Singh Son of Rajdeo Singh Resident of Village - Silar Kala, P.S. - Deo, District - Aurangabad (Bihar).

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== with Criminal Miscellaneous No.32584 of 2016 Arising Out of PS.Case No. -42 Year- 2016 Thana -MADANPUR District- AURANGABAD ====================================================== Braj Kishore Singh @ Braj Kishsore Singh S/o Late Moti Lal Singh, resident of Village- Singhra, P.S.- Konch, District- Gaya. .... .... Petitioner

Versus

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

(In Cr.Misc. No.27105 of 2016) For the Petitioner/s : Mrs. Leelawati Kumari For the Opposite Party/s : Mr. Shyam Bihari Singh (In Cr.Misc. No.32584 of 2016) For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-08-2016 Both the above stated petitions have arisen out of Madanpur P.S. Case No. 42 of 2016 registered for the offences punishable under Sections, 124(A), 307, 120(B) of the Indian

Patna High Court Cr.Misc. No.27105 of 2016 (3) dt.30-08-2016 2/3 Penal Code, Sections 4/5 of Explosive Substance Act and Section 17 of C.L.A. Act and accordingly, both the above stated petitions are being disposed of by this common order.

Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. It would appear from perusal of the first information report that one co-accused, Ganesh Yadav was arrested and the said co-accused disclosed the manner in which the bombs had been planted beneath the road. The aforesaid co-accused stated that at the time of plantation of bombs, petitioners and some others were present. However, he has specifically stated that it were coaccused, Sandeep Ji, Prasad Ji and Nitesh Ji, who planted bombs and connected the wire with planted bombs.

Learned counsel for the petitioners submits that petitioners are employees of one contractor, namely, Kaushal Singh and moreover, having more or less similar allegation, several co-accused have already been granted privilege of bail by different Benches of this Court.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioners do not have any criminal antecedent, let the petitioners, above named, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.27105 of 2016 (3) dt.30-08-2016 3/3 bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 42 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T