Phool Mohammad v. The State Of Bihar

Patna High Court Cr.Misc. No.26417 of 2016 (5) dt.26-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26417 of 2016 Arising Out of PS.Case No. -193 Year- 2015 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Phool Mohammad son of Sarfullah Ansari, resident of village Dudhwaha, Police Station Chhauradano, District East Champaran at Motihari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mr. Anil Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 15.12.2015 in connection with Chhauradano P.S. case No.193 of 2015 for the offences instituted under Sections 387/34 of the IPC as well as Section 27 of the Arms Act and Sections 3 and 4 of the Explosive Substance Act.

The prosecution story, in brief, is that on the alleged date and time of occurrence, after hearing sound of firing the informant saw from his window that on three motorcycles two persons on each, were making three round firing and also threw bomb on the wall of the house and they have made a slogan as 'Maowadi Zindabad' and fled away. It is also alleged that five days earlier he received a telephonic call from Mobile

Patna High Court Cr.Misc. No.26417 of 2016 (5) dt.26-08-2016 No.7322921078, who demanded rangdari of 10% of his income and threatening was given to face consequences in case of nonpayment of rangdari. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.12.2015 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come on the confessional statement of co-accused. The other coaccused has been granted bail vide Cr.Misc.No.9666 of 2016. On behalf of the State, it is submitted that the name of the petitioner has come in course of investigation. Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Raxaul at Motihari in connection with Chhauradano P.S. case No.193 of 2015.

(Sudhir Singh, J) Narendra/- U T