Kallu Patel @ Rambabu Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35977 of 2020 Arising Out of PS. Case No.-285 Year-2016 Thana- BETTIAH CITY District- West Champaran ====================================================== KALLU PATEL @ RAMBABU PATEL SON OF SRI DAROGA PATEL RESIDENT OF VILLAGE - CHARGAHA, P.S. - BETTIAH MUFFASIL, DISTRICT - WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Ms. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2021 Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned APP for the State. The petitioners seek regular bail in connection with Bettiah Town PS case no. 285 of 2016 instituted for the offences punishable under Sections 387 of Indian Penal Code and 3/4 of Explosive Substances Act.

The allegation is regarding an explosion having taken place near the gate of the house of the informant and thereafter, it was found that one pamphlet was affixed at the gate, in which a demand of Rs. 35 lacs was made by way of ransom and on the said pamphlet, "Royal" was inscribed. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.35977 of 2020(2) dt.22-01-2021 2/2 submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 21.12.2017. It is further submitted that a general and omnibus allegation has been levelled against the petitioner and he has not been named in the F.I.R.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials on record as also the fact that the F.I.R. is against unknown persons and there is no specific allegation against the petitioner herein as also taking into account the period of incarceration of the petitioner herein, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX, West Champaran, Bettiah in connection with Bettiah Town PS case no. 285 of 2016. (Mohit Kumar Shah, J) rinkee/- U T