Md. Raja @ Raja Mallick v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23612 of 2018 Arising Out of PS.Case No. -786 Year- 2017 Thana -PHULWARI District- PATNA ======================================================
1. Md. Raja @ Raja Mallick, son of Anjar Mallick @ Anjanil Haque @ Mohammad Anzarul Haque, resident of Sangi Masjid, Police StationPhulwarisharif, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Adv For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offences punishable under Sections 3/4 of the Explosive Substance Act.
In the house of co-accused Md. Mobin bomb exploded while some person were making it. The remains of the bomb explosion was seized by the police and co-accused Kamil Mallick @ Lulha confessed before the police that he along with others including the petitioner were making the bomb when it got exploded.
Submission of the learned counsel for the petitioner is that the petitioner was not apprehended at the spot. He
Patna High Court Cr.Misc. No.23612 of 2018 (2) dt.25-04-2018 P2/ is in custody since 18.01.2018 and similarly situated co-accused Shahnawaz Hussain @ Shainu has been allowed bail by this Court in Cr. Misc. No.12622 of 2018.
Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Phulwarisharif P.S. Case No.786 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Mkr./- U T