← Library
Patna High CourtCR. MISC./33570/2024dismissed

Bipin Sah v. The State Of Bihar

2024-09-13Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33570 of 2024 Arising Out of PS. Case No.-19 Year-2014 Thana- KAJRA District- Lakhisarai ====================================================== 1.

Bipin Sah S/O Shrawan Saw R/O Vill - Khaira, P.S. - Kajra, Distt. - Lakhisarai 2.

Shubhag Saw S/O Rohan Saw R/O Vill - Khaira, P.S. - Kajra, Distt. - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Bilochan For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Kajra P.S. Case No. 19 of 2014 registered for the offence under Section 147, 148, 149, 427, 436, 120B of the Indian Penal Code and under Section 3⁄4 of the Explosive Substance Act and under Section 10,13 of the UAP, Act.

3. As per the prosecution case, 100-150 criminals came and by using cylinder bomb, have blasted and damaged a Harizan School.

4. Learned counsel for the petitioners submits that the petitioners are innocent, and they have falsely been implicated in this case. He further submits that bail of one other co-accused namely Mantu Kora has been granted bail by this

Patna High Court CR. MISC. No.33570 of 2024(3) dt.13-09-2024 2/2 Court vide order dated 21.05.2021 passed in Cr. Misc. No. 2001 of 2021. He further submitted that petitioners are in jail since 03.07.2023 and 17.07.2023 respectively.

5. Learned APP for the State has relied upon a decision of Hon'ble Supreme Court passed in the case of Gurwinder Singh Vs. State of Punjab and Anr., bearing Criminal Appeal No. 704 of 2024, and has submitted that this is not a fit case for grant of regular bail registered under UAP Act. He further submitted that the petitioners are accused in four more cases, and they are named in the F.I.R.

6. Considering the facts and circumstances of the case and also in view of the guidelines issued by the Hon'ble Supreme Court in the case of Gurwinder Singh Vs. The State of Punjab and Another (Supra), I am not inclined to grant bail to the petitioners.

7. Accordingly, this application is dismissed.

8. The trial Court is directed to expedite the trial of the petitioners and conclude the same at the earliest. (Sandeep Kumar, J) Shishir/- U T