Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34004 of 2017 Arising Out of PS.Case No. -134 Year- 2017 Thana -PATNA GRP CASE District- PATNA ======================================================

1. Sushil Kumar Son of late Bindeshwar Mahto Resident of VillageBasudeopur, P.S. Kalyanpur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under Sections186,201, 353, 506, 120(B) of the Indian Penal Code, 66A(A( (B) ( C) of I.T.Act, 150(E) of Railways Act and 3(2E) of Public Property Prevention to Damage Act, 1984. The petitioner along with three other accused persons are said to have sent hoax message for blowing the Patna Junction Railway Station, thereby creating stampede on the station. The petitioner is said to have used his mobile through which the message was sent.

Learned counsel for the petitioner has submittdd that nothing incriminating article has been recovered from the conscious possession of the petioner. He has no concern with the

Patna High Court Cr.Misc. No.34004 of 2017 (2) dt.20-07-2017 2/2 aforesaid occurrence. As a matter of fact, the SIM used for sending the message was in the name of the petitioner, who had handed it over to Neelam Devi for its use. Sarpanch Hari Shankar Bhagat was having animosity with the petitioner and in order to falsely implicate him, he has got the message sent through the said SIM by co-accused Izharul Haque. Co-accused Izharul Haque has confessed the said fact in his confessional statement. The said mobile was not recovered from the possession of the petitioner. The petitioner is in custody since 16.03.2017. Having considered the facts and circumstances of the case, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Magistrate, Patna in connection with Patna Rail P.S.Case No. 134 of 2017.

(Prakash Chandra Jaiswal, J) singh/- U T