Farhan v. The State Of Bihar

Patna High Court Cr.Misc. No.94 of 2016 (3) dt.25-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.94 of 2016 Arising Out of PS.Case No. -212 Year- 2015 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== Farhan S/o Md. Umar R/o Village- Chhatauni Maszid, P.s Chhatauni, District - East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Pramod Ranjan, Adv. For the Opposite Party/s : Mr. B.Ram (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Gopalganj Town P.S. Case No. 212 of 2015 registered for the offences punishable under Sections 387, 307, 120(B) of the Indian Penal Code and Section 3⁄4 Explosive Substance Act. Allegedly, in the shop of informant bomb was exploded causing injury to some customer and staff, Arjun Manjhi but one Golu Mishra @ Shubham Kumar was caught who stated that he and Mohit Sharma were sent by co-accused, Manendra Mishra to open fire and to explode bomb and in the occurrence the petitioner and other co-accused are also involved and the shop was identified by Sukhari Sah.

Submission is of false implication and that the petitioner was not caught at the spot, the petitioner has got no concern with other co-accused and he has been named by co-

Patna High Court Cr.Misc. No.94 of 2016 (3) dt.25-02-2016 accused with ulterior motive. In this case other co-accused Tausif @ Tausif Azam @ Tausif Alam @ Tausif Asharfi has already been allowed bail by another co-ordinate Bench of this Court and the petitioner who is suffering in custody since 17.06.2015, deserves sympathetic consideration to which the learned A.P.P. does not oppose.

In the facts and circumstances stated above, the petitioner, above named, is also 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 the learned C.J.M., Gopalganj in connection with Gopalganj Town P.S. Case No. 212 of 2015 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) sushma/- U T