Patna High CourtCR. MISC./38904/2020allowed

Md. Phool Babu v. The State Of Bihar

2021-02-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38904 of 2020 Arising Out of PS. Case No.-140 Year-2020 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Md. Phool Babu S/o Md. Nazir Nadaf R/o Village/Muhalla- Azam Nagar, P.S.- L.N.M.U. Sadar, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with University P.S. Case No. 140 of 2020 registered for the offences under Sections 326, 427, 34 of the Indian Penal Code and Sections 3, 4 and 5 of the Explosive Substances Act.

It is alleged against the petitioner that the petitioner and his family members were engaged in preparing explosives, as a result, the explosive got exploded and the house of the petitioner and other houses surrounding therein were badly damaged.

Patna High Court CR. MISC. No.38904 of 2020(2) dt.12-02-2021 2/2 Learned counsel appearing on behalf of the petitioner would submits petitioner has been made accused in this case on the confessional statement of coaccused md. Nazir Nadaf. In fact, the house got fired due to leakage of gas cylinder and not by the explosion of any explosive substance.

The petitioner is in custody since 06.06.2020. Considering the fact that petitioner has remained in custody for more than six months, this Court is inclined to grant bail to the petitioner. Let the petitioner, above named, shall be released on bail on furnishing bail bonds of Rs. 50,000/- (Rupees fifty thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IV, Darbhanga in connection with University P.S. Case No. 140 of 2020.

(Anil Kumar Upadhyay, J) Shageer/- U T