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Patna High CourtCR. MISC./15272/2017rejected

Indrajeet Sah @ Kukuriya @ Indrajeet Kumar v. The State Of Bihar

2017-05-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15272 of 2017 Arising Out of PS.Case No. -72 Year- 2016 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Indrajeet Sah @ Kukuriya @ Indrajeet Kumar S/o- Shankar Sah Resident of Village- Maheshpur, P.S.- Mojahidpur(Babarganj), District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Adv. For the Opposite Party/s : Mr. B. N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-05-2017 Heard both sides.

The petitioner apprehends his arrest in Mojahidpur P.S. Case No. 72/2016, registered for the offences punishable under Sections 307 and 34 of the Indian Penal Code and sections 3, 4 of the Explosive Substance Act.

The informant lodged the case against unknown for keeping a bomb near Hanuman Temple which exploded while the children were playing. In the explosion of bomb, Aman Kumar son of the informant and Chiku were injured. In explosion, all the fingers of right hand of Aman Kumar except thumb were blown out.

Learned counsel for the petitioner submits that there is no eye-witness of the occurrence. No one has seen the petitioner

Patna High Court Cr.Misc. No.15272 of 2017 (3) dt.09-05-2017 2/2 keeping bomb near Hanuman Temple. Similarly situated coaccused Gaurav Kumar has been allowed regular bail. From perusal of the case diary it appears that Gaurav confessed his guilt and disclosed the name of petitioner Indrajeet Sah @ Kukuriya @ Indrajeet Kumar and Bittu @ Chocho that they had gone to place of Ashok Sharma to threaten him. Ashok Sharma also disclosed the same facts. The petitioner has got criminal antecedent and he is accused in a case registered under the Arms Act.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) Vinita/- U T