Aquib Khan v. The State Of Bihar

Patna High Court Cr.Misc. No.64718 of 2018 (2) dt.26-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64718 of 2018 Arising Out of PS.Case No. -18 Year- 2018 Thana -DUMARIYA District- GAYA ======================================================

1. Aquib Khan, Son of Late Shakil Khan, Resident of Village- Majhauli, Police Station- Dumaria, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Pravesh Nath Tiwari, Adv. For the Opposite Party/s : Mr. Sri Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-10-2018 The petitioner seeks regular bail in connection with Dumaria P.S. Case No. 18 of 2018, registered for offences punishable under Sections 435, 120B/34 of the Indian Penal Code and Section 3/4 of the Explosive Substance Act. Allegation as per F.I.R is that some person exploded bomb and after hearing the sound of explosion informant came out and saw the petitioner and others fleeing away from the place of occurrence.

It has been submitted on behalf of the petitioner that he has been made accused in this case only on the basis of suspicion and save and except suspicion, there is nothing against the petitioner and although, there is allegation of exploding bomb but nobody has received any injury from the said explosion. Petitioner has no criminal antecedent and has been in judicial

Patna High Court Cr.Misc. No.64718 of 2018 (2) dt.26-10-2018 custody since 18.06.2018 Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thusand) with two sureties of the like amount each to the satisfaction of learned SDJM, Gaya, in connection with Dumaria P.S. Case No. 18 of 2018, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T