Patna High CourtCR. MISC./44091/2023bail granted

Md. Ekhlak Ahmed @ Md. Akhlak @ Md. Akhlaque v. The State Of Bihar

2023-07-26Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44091 of 2023 Arising Out of PS. Case No.-277 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== Md. Ekhlak Ahmed @ Md. Akhlak @ Md. Akhlaque S/O Basrudin @ Md. Nasiruddin R/O Mohalla- Emli Adam Khan (DARGAH Darwaja), P.O. And Ps.- Sasaram Town, Dist. Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Sasaram (Town) P.S. Case No. 277 of 2023 dated 02.04.2023 registered for the offences u/ss 114, 115, 117, 118, 120B, 153 (a) (a), 201, 307 read with section 34 of the Indian Penal Code section 3⁄4 of the Explosive Substance Act.

4. As per the prosecution case, the allegation against the petitioner and co-accused persons is of making bomb for exploding on the occasion of Ram Naumi Julus and during the process of making, the bomb exploded and the petitioner and the co-accused

Patna High Court CR. MISC. No.44091 of 2023(2) dt.26-07-2023 2/2 persons sustained injuries.

5. Learned counsel for the petitioner has submitted that the petitioners is innocent and has falsely been implicated in this case. Learned counsel has submitted that when the petitioner was passing through the road, the bomb exploded and the petitioner got injured. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Sasaram (Town) P.S. Case No. 277 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T