Shahzad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56616 of 2017 Arising Out of PS.Case No. -257 Year- 2017 Thana -BASANTPUR District- SIWAN ====================================================== Shahzad Ali S/o Shamshad Ali, R/o Village- Baletha, P.S.- Siwan Muffasil, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-11-2017 Heard learned counsel for the petitioner, the informant and the State.

The petitioner seeks bail in connection with Basantpur P.S. Case No. 257 of 2017 dated 29.07.2017 instituted for the offences under Sections 302 and 120B of the Indian Penal Code and Sections 25(1-B)a/26/27 of the Arms Act. The informant who is the mother of the deceased has alleged that in the night when she heard the sound of firing, she went to the room of her son (deceased) along with her daughter and saw some of the named accused persons running away. She also witnessed that the deceased was lying dead in a pool of blood. Later, in the FIR, she has alleged that the occurrence took place because of the conspiracy of one Raja Khan and Sajish Khan.

Patna High Court Cr.Misc. No.56616 of 2017 (2) dt.30-11-2017 Mr. Manish Kumar, learned Advocate appearing on behalf of the petitioner has submitted that the petitioner has not been named in the FIR as having been either seen by the informant running away along with the other accused persons or as a conspirator. His name transpired on the statement of one Rahim Khan who is said to have stated that the petitioner had provided a bomb to the accused persons for committing the crime. The FIR, however, indicates that while the accused persons left the place of occurrence, they left behind some of the weapons and the bomb as well.

Mr. Krishna Kant Singh, learned counsel appearing on behalf of the informant has submitted that since the petitioner is the provider of incendiary material, he ought not to be granted bail.

Since the petitioner is not named in the FIR and has only been named by a co-accused as having provided a bomb to the accused persons, this Court is inclined to grant bail to him. While saying so, this Court has also taken note of the fact that the petitioner has remained in custody since 20.08.2017. In the facts and circumstances, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties

Patna High Court Cr.Misc. No.56616 of 2017 (2) dt.30-11-2017 of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 257 of 2017.

(Ashutosh Kumar, J) KKSINHA/- U T