Patna High CourtCR. MISC./4713/2021dismissed

Mukesh @ Mukesh Yadav @ Mukesh Kumar Yadav v. The State Of Bihar

2021-08-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4713 of 2021 Arising Out of PS. Case No.-684 Year-2020 Thana- BANKA District- Banka ====================================================== MUKESH @ MUKESH YADAV @ MUKESH KUMAR YADAV, S/oTETU YADAV Resident of Village- Hathiyapathar, P.S.- Fullidumar, DisttBanka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 307, 302, 120(B) and 34 of the Indian Penal Code and Section 3⁄4 of the Explosive Substances Act.

The prosecution case, in brief is that during course of preparation of bomb by the petitioner and others one bomb blast on the hand of Mantu Yadav (deceased) and by impact of explosion the other bomb also exploded in which petitioner injured.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.4713 of 2021(4) dt.11-08-2021 2/2 case. The allegation against the petitioner alongwith other accused persons was manufacturing bomb and in that process the same was exploded and caused the death of Mantu Yadav. The petitioner is in jail custody since 25.08.2020. The petitioner has no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State vehemently opposed the prayer for bail petition.

Considering the fact that petitioner is involved in manufacturing of bomb, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Banka P.S. Case No. 684/2020 from the Court of learned Chief Judicial Magistrate, Banka.

Accordingly, this application is dismissed.

However, the petitioner would at liberty to renew his prayer for bail after framing of the charge.

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