Patna High CourtCR. MISC./29665/2024bail granted

Manoj Sah v. The State Of Bihar

2024-07-18Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27114 of 2024 Arising Out of PS. Case No.-390 Year-2023 Thana- RANIGANJ District- Araria ====================================================== MD. ZAKIR S/O MD. ALAM R/O VILLAGE- KALA BALUWA, P.SRANIGANJ, DISTT.- ARARIA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 29665 of 2024 Arising Out of PS. Case No.-390 Year-2023 Thana- RANIGANJ District- Araria ====================================================== Manoj Sah SON OF SANICHAR SAH RESIDENT OF VILLAGECHHATOOUNEE, WARD NO. 12, PS- RANIGANJ, DIST- ARARIA ... ... Petitioner/s

Versus

The State of Bihar BIHAR 2.

The State Of Bihar Papa ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 27114 of 2024) For the Petitioner/s :

Mr.Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad,APP (In CRIMINAL MISCELLANEOUS No. 29665 of 2024) For the Petitioner/s :

Mr.Ramesh Kumar Singh,Adv.

For the Opposite Party/s :

Mrs.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Raniganj P.S. Case No. 390 of 2023 dated 05.10.2023 registered for the offences

Patna High Court CR. MISC. No.27114 of 2024(3) dt.18-07-2024 2/3 punishable u/ss 307 read with Section 3/4 of the Explosive Substance Act.

3. As per the prosecution case, the informant's son along with other children of village had gone to bank of canal to bring firewood then they saw something in an old plastic bag near babul tree, in course of collecting firewood, there was explosion in bag and five children including the informant's son sustained injuries. Thereafter, the injured was taken to the hospital for treatment. It is further alleged that dacoity was held in the house of one Rinku Nayak 15 to 16 days ago and articles of Rinku Nayak were also found near place of occurrence. It is alleged that the miscreants threw the bomb in bush near canal in course of fleeing away.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the F.I.R. The name of the petitioner Md. Zakir has sprung up in this case in the confessional statement of the petitioner, Manoj Sah. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged offence. The co-accused person has already been granted regular bail by this court vide order dated 16.05.2024 passed in Cr.

Patna High Court CR. MISC. No.27114 of 2024(3) dt.18-07-2024 3/3 Misc. No. 35089 of 2024. The petitioners have one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 07.12.2023.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Raniganj P.S. Case No. 390 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T