Md. Atik Raza@ Atik Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55095 of 2021 Arising Out of PS. Case No.-455 Year-2021 Thana- BANKA District- Banka ====================================================== MD. ATIK RAZA@ ATIK ANSARI Son of Siddique Ansari R/o- Laptolia Chamrel, Post- Lakhnoidih, P.S.- Banka, District- Banka, Bihar- 813102. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akash Shankar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Banka P.S. Case no. 455 of 2021 instituted for the offence under Sections 307, 120B of the Indian Penal Code and later on section 302 IPC and Section 3, 4 and 5 of the Explosive Substance Act were added. As per allegation in the FIR, due to hiding bomb in the Madarsa, the bomb was exploded and southern part of Madarsa was demolished and Imam, namely, Abdul Mobin got injured. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case on suspicion. He is a government assistant teacher. He has got no criminal antecedent. It appears from the perusal fo postmortem that doctor has given his

Patna High Court CR. MISC. No.55095 of 2021(4) dt.04-07-2022 2/2 opinion regarding the casue of death of Imam as 'traumatic asphyxia due to blast injury'. Petitioner was a treasurer of the said Madarsa but due to politics, he had resigned from his post one year ago. Nothing has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Banka P.S. Case no. 455 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Trial Court, Banka subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U