Sanjay Kumar @ Neta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36714 of 2014 Arising Out of PS.Case No. -75 Year- 2014 Thana -PATLIPUTRA District- PATNA ======================================================
1. Sanjay Kumar @ Neta, Son of Birju Ram Chandravanshi, resident of Patel Nagar, Road no.-04, P.S.- Patliputra under district- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Harendra Kumar Tiwary For the Opposite Party/s : Mr. Parmanand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 11-02-2015 The learned counsel for the petitioner filed supplementary affidavit after serving a copy of the same on the learned A.P.P. for the State.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner, namely, Sanjay Kumar @ Neta apprehends his arrest in Patliputra P.S. Case No.75 of 2014 corresponding to G.R. No.952 of 2014 under Sections 384 and 385/34 of the Indian Penal Code and section 3 of the Explosive Substances Act.
According to the prosecution case, the shopkeepers of Ravi Chowk of Patel Nagar filed F.I.R. alleging that 10 to 15 persons came and asked the shopkeepers of the locality to close
Patna High Court Cr.Misc. No.36714 of 2014 (2) dt.11-02-2015 the shops with the help of their weapons and threatened them to kill and subsequently they exploded two bombs and then fled away. The shopkeepers came to know that one of them is the petitioner.
The learned counsel for the petitioner submitted that no such occurrence took place. In fact, because there is business rivalry between the parties, the false case has been lodged. During the investigation, the police also did not find any bomb materials or remains of bomb at the spot. At paragraph-8 of the case diary it has been specifically stated that there is no sign of explosion of bomb at the place of occurrence.
The learned counsel further submitted that as there has already been compromise between the parties.
The learned A.P.P. objected the prayer for bail. However, considering the above facts and circumstances of the case and the fact that the I.O. has not found any sign of bomb explosion at the spot and the fact that both the parties have compromised, I direct the petitioner named above to surrender before the court below within one month from today and on his so surrendering, the petitioner shall be released on bail on furnishing bail bond of Rs.5,000/-(rupees five thousand) with two sureties of the like amount each to the satisfaction of Smt. Reshma
Patna High Court Cr.Misc. No.36714 of 2014 (2) dt.11-02-2015 Verma, J.M. 1st Class, Patna, District - Patna in connection with Patliputra P.S. Case No.75 of 2014 corresponding to G.R. No.952 of 2014.
(Mungeshwar Sahoo, J) Harish/- U