Md. Afroz @ Afroz Alam @ Lucky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48782 of 2019 Arising Out of PS. Case No.-145 Year-2005 Thana- GORAUL District- Vaishali ====================================================== Md. Afroz @ Afroz Alam @ Lucky S/O Late Md. Nizam R/O Vill- Bijlipur, PS- Bhagwanpur, Dist- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Goraul P.S. Case No. 145 of 2015, registered under Sections 307/34 of the Indian Penal Code and Section 3/4 of the Explosive Substance Act.

The allegation against the petitioner, as per the FIR, is that the informant was taking dinner at his home after closing his shop, suddenly he heard the noise of bomb blast around 7 to 8 at his varamdah of his shop made by some unknown criminals. It is further alleged that after bomb blast whole family members got terrified, but nobody got injured in the said blast.

Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and has falsely been

Patna High Court CR. MISC. No.48782 of 2019(2) dt.06-08-2019 2/3 implicated in this case based upon the confessional statement of the co-accused by the police. Learned counsel further submits that no incriminating material has been recovered from the possession of the petitioner and the petitioner has not been named in the F.I.R.

After having heard learned counsel for the parties and taking into consideration the fact that petitioner has got no criminal antecedent and further no injury has been caused to the side of the informant and the name of the petitioner has transpired on the basis of the statement of co-accused, accordingly, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above named, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Vaishali at Hajipur, in connection with Goraul P.S. Case No. 145 of 2005; subject to condition as laid down hereinabove and under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Rahul/- U T

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