Patna High CourtCR. MISC./45033/2017bail granted

Md. Izhar v. The State Of Bihar

2017-09-21Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45033 of 2017 Arising Out of PS. Case No.-375 Year-2005 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Md. Izhar son of Late Md. Mazid resident of Mohalla - Chhoti Railway Line Jhoparpatti, P.S. - Tilkamanjhi, District - Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Mr. SRI BINOD KUMAR 3 =========================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and the State.

The Petitioner who is in custody seeks bail in connection with S.T. No. 538 of 2017 corresponding to Kotwali (Tilkamanjhi) P.S. Case No. 375 of 2005 registered for the offence punishable under Section 414 of the Indian Penal Code and Section 4 & 5 of the Explosive Substance Act. The allegation against the petitioner is of manufacturing bomb in his house.

It has been submitted on behalf of the petitioner that earlier chargesheet was filed against the petitioner under Section 414 of the Indian Penal Code and he has been acquitted in the said case, and thereafter the police has submitted

Patna High Court Cr.Misc. No.45033 of 2017(2) dt.21-09-2017 2/2 chargesheet against the petitioner for the offence punishable under Section 4 & 5 of the Explosive Substances Act. During pendency of trial under Section 414 of the Indian Penal Code, second supplementary chargesheet under Section 4 & 5 of the Explosive Substances Act has been submitted against the petitioner. The petitioner has been acquitted for the offence punishable under Section 414 of the Indian Penal Code but the allegation against the petitioner for the offence under Section 4 & 5 of the Indian Penal Code remained pending, and is facing trial for the second time.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge, Bhagalpur in connection with S.T. No. 538 of 2017 corresponding to Kotwali (Tilkamanjhi) P.S. Case No. 375 of 2005.

(S. Kumar, J) ranjan/- U