Mahendra Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38176 of 2015 Arising Out of PS.Case No. -54 Year- 2004 Thana -SHAMBHUGANJ District- BANKA ======================================================
1. Mahendra Sah, Son of Ganouri Sah.
2. Mritunjay Kumar Yadav, son of Bindeshwari Prasad Yadav .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-09-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under sections 3/4 of the Explosive Substances Act.
The prosecution case is that some unknown persons planted some explosives in the dispensary of the informant leading to registration of First Information Report against unknown. On conclusion of investigation, the police submitted Final Form, but differing with the Final Form, the cognizance has been taken against the petitioners also vide order dated 03.05.2007. Since the petitioners are labours and used to work outside the State, hence, they were not aware of the cognizance being taken against them.
Statement has been
Patna High Court Cr.Misc. No.38176 of 2015 (2) dt.22-09-2015 2/2 made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
The aforesaid facts constitute ground for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Shambhuganj P.S. Case No.54 of 2004, pending before the learned CJM, Banka.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J) Ashwini/- U T