Md. Nausad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34483 of 2022 Arising Out of PS. Case No.-268 Year-2019 Thana- NARDIGANJ District- Nawada ====================================================== Md. Nausad S/O Late Nabi Hussain @ Md. Nabihasan Resident Of Village - Nardiganj, P.S.- Nardinganj, District - Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody since 19.02.2022 in a case registered for the offences punishable under Sections 201, 120(B), 34 of the Indian Penal Code and Sections 3, 4, 5 of the Explosive Substances Act.
As per allegation in the F.I.R, an information was received of a blast having taken place on the terrace of the house of the petitioner. It is stated that search
Patna High Court CR. MISC. No.34483 of 2022(3) dt.02-01-2023 2/3 was carried out in the house of petitioner and trace of explosion was found. It is further stated that on asking for the document from the petitioner and his brother, namely Md. Tufail, the same was not produced. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is ward member and he has been implicated in this case due to village politics. The place of recovery is joint residential house and recovery was not made from the side of the petitioner. Moreover, other similarly situated co-accused has been granted bail by a coordinate bench of this Court vide order dated 03.12.2020 passed in Cr. Misc. No. 27713 of 2020. The petitioner is in custody since 19.02.2022.
Considering the facts stated above and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like
Patna High Court CR. MISC. No.34483 of 2022(3) dt.02-01-2023 3/3 amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in connection with Nardiganj P.S. Case No. 268 of 2019.
(Sunil Kumar Panwar, J) Shageer/- U T