Indrajeet Sah @ Kurkuriya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38669 of 2017 Arising Out of PS.Case No. -72 Year- 2016 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Indrajeet Sah @ Kurkuriya, Son of Shankar Sah, Resident of MohallaMaheshpur, P.S.-Mojahidpur, District-Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Radha Mohan Singh, Adv. For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Mojahidpur (Babarganj) P.S. Case No.72 of 2016, registered for offences alleged under Sections 307/34 of the Indian Penal Code and Sections 3/4 of the Explosive Substances Act.

Learned counsel for the petitioner submits that the First Information Report is against unknown. There is an allegation that somebody had planted a powerful bomb near the Hanuman Mandir where two children were playing and unknowingly they gave blow on the bomb which blew up and caused injury mentioned in the FIR. Learned counsel submits that so far as the present petitioner is concerned, there is absolutely no

Patna High Court Cr.Misc. No.38669 of 2017 (2) dt.19-08-2017 evidence to connect him in the present case. It is submitted that one Ashok Sharma appeared in course of investigation before the investigating officer and disclosed that the present petitioner and other co-accused namely Gaurab @ Baba and one Bittu had earlier threatened him for dire consequences and on that score he suspected that all the said persons were involved in installing the bomb. Learned counsel further submits that co-accused Gaurav @ Baba has been granted regular bail by a coordinate Bench of this Court in Cr.Misc.No.30926 of 2016 (Annexure-2 to the present application).

Learned APP opposed the prayer for bail.

Considering the facts and circumstances of the case, particularly that the petitioner is not named in the FIR and the coaccused has already been granted privilege of bail, let the petitioner, namely, Indrajeet Sah @ Kurkuriya be enlarged on bail on his 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, Bhagalpur in connection with Mojahidpur (Babarganj) P.S. Case No.72 of 2016, subject to the conditions U/S 437(3) Cr.P.C.

Arvind/- (Rajeev Ranjan Prasad, J) U T