Md. Mistak @ Md. Miskat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26172 of 2023 Arising Out of PS. Case No.-67 Year-2022 Thana- BANGARA District- Samastipur ====================================================== MD. MISTAK @ MD. MISKAT, SON OF MD. MAHTAB, Resident of Village - Bajitpur Sarsouna, P.S. - N.H. Bangra, Distt. - Samastipur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan, Advocate For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner has preferred this application for grant of regular bail in connection with Bangara P.S. Case No. 67 of 2022 dated 07.06.2022 registered for the offences punishable u/s 341, 323, 307, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Explosive Substance Act. As per the prosecution case, the informant heard the sound of two bomb at the door then he reached there and he found that the petitioner and the co-accused persons were throwing bomb on his door and fled away from the spot. It is further alleged that
Patna High Court CR. MISC. No.26172 of 2023(2) dt.24-05-2023 2/2 both bombs were not exploded at the door. The reason for the aforesaid occurrence is stated to be land dispute between the parties.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 25.01.2023. Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Bangara P.S. 67 Case No. of 2022. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T