Yunus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48944 of 2015 Arising Out of PS.Case No. -6 Year- 2000 Thana -JAMALPUR District- DARBHANGA ====================================================== Yunus Son of Aabid, Resident of Paschimi Punarwas, Police Station - Jalai, District - Saharsa.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Satish Kumar Singh, Adv. For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Jamalpur P.S. Case No. 6/2000 registered for the offences punishable under Sections 3/4 of Explosive Substance Act.

Allegedly, some persons were assembled and were making plan to capture the booth and then the raid was conducted and all the persons succeeded in fleeing away but one Md. Kamal was identified and from the place of occurrence two live bombs and other articles were recovered. During investigation the name of the petitioner transpired in the confessional statement of Md. Kamal.

Submission is of false implication, that the petitioner is in custody since 07.08.2015 but he has not been put on T.I.P.,

Patna High Court Cr.Misc. No.48944 of 2015 (3) dt.29-01-2016 2/2 nothing has been recovered from the conscious possession of the petitioner, the recovered motorcycle is not of the petitioner and as such the petitioner deserves sympathetic consideration. Learned A.P.P. fairly submits that from the impugned order it reveals that the name of the petitioner transpired in the confessional statement of co-accused.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Ajay Kumar, Judicial Magistrate 1st Class, Biraul (Darbhanga) in connection with Jamalpur P.S. Case No. 6/2000, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rakhi U T