Neck Mohammad @ Raj Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46848 of 2024 Arising Out of PS. Case No.-184 Year-2018 Thana- SUGAULI District- East Champaran ====================================================== Neck Mohammad @ Raj Mohammad S/o Muslim Miyan R/o vill - Auraiya, P.S. - Adapur, distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Sessions Trial No. 817 of 2022 arising out of Sugauli P.S. Case No. 184 of 2018 for the offences punishable under Sections 272, 386, 387, 120(B) of the IPC and Section 3/4 of the Explosive Substances Act.

3. The prosecution case, in short is that on a secret information, the informant along with police personnel, during vehicle checking, apprehended the motorcycles and the petitioner was apprehended at the spot and on search, 500.50 gm explosive substance was recovered from polythene of the petitioner.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.46848 of 2024(2) dt.10-07-2024 2/2 this case. He has further submitted that the name of the petitioner has figured on the basis of confessional statement of co-accused Saddam Hussain. Nothing was recovered from possession of the petitioner. He has also submitted that the case of the petitioner is on better footing than that of co-accused Saddam Hussain.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned 16th Additional Session Judge, East Champaran Motihari in connection with Sessions Trial No. 817 of 2022 arising out of Sugauli P.S. Case No. 184 of 2018, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T