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Patna High CourtCR. MISC./19646/2017bail granted

Nakul Modi v. The State Of Bihar

2017-04-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19646 of 2017 Arising Out of PS.Case No. -402 Year- 2014 Thana -BANKA District- BANKA ====================================================== Nakul Modi Son of Late Ugal Kishore Modi, Resident of VillageTahakbani, P.S.- Chandan, District- Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate. For the Opposite Party/s : Mr. Dr. Rabindra Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-04-2017 Heard both sides.

The petitioner seeks bail in Banka P.S. Case No. 402 of 2014 registered under Sections 435, 427 and other sections of the Indian Penal Code, Section 27 of the Arms Act, Sections 3 and 4 of the Explosive Substance Act and Section 17 of the C.L.A. Act.

The informant alleged that after hearing the sound of bomb explosion, he assembled with the villagers and saw many criminals armed with lethal weapons.

Leanred counsel for the petitioner submits that the petitioner is not named in the F.I.R. Name of the petitioner figured in the confessional statement of co-accused Ashok Tanti. Except confessional statement of the co-accused, there is no

Patna High Court Cr.Misc. No.19646 of 2017 (2) dt.28-04-2017 2/2 material against the petitioner.

Considering the facts aforesaid that the name of the petitioner figured in the confessional statement of the co-accused and the petitioner is in jail since 19.11.2016, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 402 of 2014.

(Prabhat Kumar Jha, J) Mishra/- U T