Prem Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38319 of 2015 Arising Out of PS.Case No. -45 Year- 2015 Thana -GOH District- AURANGABAD ======================================================

1. Prem Ojha son of Ramesh Ojha R/o Village- Bahuriya Barma, P.s Goh district Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mithilesh Kumar Upadhyay, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2015 Learned counsel for the petitioner is permitted to make correction during course of the day.

Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 307, 379, 504, 120B of the Indian Penal Code, 27 of the Arms Act and 3/4 of the Explosive Substances Act. Prosecution case is that while the informant was closing his jewellary shop a bomb was exploded on the road and when he came at the door of his shop another bomb was also exploded. The informant rushed to his house, in the meantime someone resorted to firing on him and suspicion raised against the petitioner and coaccused Ashok Singh.

Patna High Court Cr.Misc. No.38319 of 2015 (2) dt.28-09-2015 It is submitted by the learned counsel for the petitioner that due to earlier enmity, suspicion has been raised against the petitioner. Obviously, no injury was caused to the informant. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Goh P.S. Case No. 45 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. The bail bond of the petitioner shall be accepted by the learned court below on filing affidavit to the effect that he will cooperate during investigation. The said affidavit will be transmitted to the concerned I.O. The non-cooperation in the investigation will give liberty to the learned court below to cancel the bail bond of the petitioner.

(Dinesh Kumar Singh, J) P.K./- U T