Md. Jasim Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48365 of 2023 Arising Out of PS. Case No.-277 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== MD. JASIM KHAN, Son of Abbas Khan Resident of village - Paithantoli, P.S. - Sasaram (M), Distt - Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2023 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 Sasaran (Town) P.S. Case No. 277 of 2023 dated 02.04.2023 registered for the offences punishable u/ss 114, 115, 117, 118, 120B, 153(a)(a), 201, 307 read with Section 34 of the Indian Penal Code and u/s 3/4 of the Explosive Substance Act.

4. As per the prosecution case, the allegation against the co-accused persons is of making bomb for

Patna High Court CR. MISC. No.48365 of 2023(2) dt.09-08-2023 2/3 exploding on the occasion of Ram Naumi Julus and during the process of making, the bomb exploded and the co-accused persons sustained injuries.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused persons. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by this court vide order dated 26.07.2023 passed in Cr. Misc. No. 44091 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.05.2023.

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

Patna High Court CR. MISC. No.48365 of 2023(2) dt.09-08-2023 3/3 connection with Sasaram (Town) P.S. Case No. 277 of 2023.

8. The application stands allowed.

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