Bishundeo Thakur @ Bishundeo Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43040 of 2022 Arising Out of PS. Case No.-39 Year-2022 Thana- SIMULTALLA District- Jamui ====================================================== Bishundeo Thakur @ Bishundeo Kumar Thakur Son of Sita Ram Thakur Resident of Village - Dhodhari, P.s.- Simultalla, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Malay Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Simultalla P.S. Case No. 39 of 2022 registered for the offences punishable under Sections 324, 326, 307 and 34 of the Indian Penal Code and Sections 3 and 4 of the Explosive Substances Act.

Allegedly, a bomb exploded when the same was being manufactured and the said explosion took place in an old and abandoned house in which one namely Farukh Mian and his associates sustained injury in that explosion and petitioner and

Patna High Court CR. MISC. No.43040 of 2022(2) dt.22-11-2022 2/3 some other persons were suspected to be involved in manufacturing the explosive material at the alleged place. The main submissions advanced by the learned counsel Mr. Malay Kumar Choudhary for the petitioner are that the petitioner has been languishing in jail since 07.06.2022 and he has not been named as an accused in the column of accused in the FIR and he was not found at the alleged place where the explosive material exploded and the informant who is a police chowkidar claimed this petitioner to be involved in the manufacturing of the alleged explosive material mainly on the basis of a land dispute running between this petitioner and Gulab Yadav and accordingly mainly on the basis of suspicion the petitioner has been dragged in this case. Learned APP Mr. Md. Aslam Ansari appearing for the State has opposed the bail prayer.

Heard both the sides and perused the FIR. The instant matter relates to explosion of some explosive material and according to the prosecution the accused persons were involved in manufacturing of some explosive materials which got exploded during the process of manufacturing, the FIR goes to show that the petitioner was not found present at the alleged place of explosion and as per the petitioner's counsel's

Patna High Court CR. MISC. No.43040 of 2022(2) dt.22-11-2022 3/3 submission the said place does not belong to the petitioner and the persons who sustained injuries in that explosion are different persons and the informant simply raised suspicion against the petitioner. Considering all these facts, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the 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 the concerned Court in connection with Simultalla P.S. Case No. 39 of 2022.

(Shailendra Singh, J.) sangam/- U T