Hasina Begum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39765 of 2020 Arising Out of PS. Case No.-140 Year-2020 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== HASINA BEGUM W/o Md. Nazir Nadaf, R/o Village and Mohalla- 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, Adv.

For the Opposite Party/s :

Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 326, 427 of the Indian Penal Code and Sections 3, 4 and 5 of the Explosive Substance 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.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.39765 of 2020(3) dt.10-03-2021 2/2 petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has been made accused in this case on the confession statement of co-accused 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 languishing in judicial custody since 06.06.2020. Similarly situated co-accused have been granted bail by this Court vide order dated 12.02.2021 passed in Cr. Misc. No. 38904/2020 and order dated 19.02.2021 passed in Cr. Misc. No.39038/2020.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of the charge on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with University P.S. Case No. 140/2020 to the satisfaction of learned court below where the case is pending.

(Anjani Kumar Sharan, J) amitkumar/- U T