Md. Samir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49751 of 2023 Arising Out of PS. Case No.-277 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== Md. Samir Son Of Md. Firoz Akhtar Resident Of Mohalla - Dargah Darwaja (Sherganj), P.S. - Sasaram (T), District - Rohtas (Bihar) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seek regular bail in connection with Sasaram (T) P.S. Case No. 277 of 2023 registered for the offence under Sections 114, 115, 117, 118, 120B, 153(A)(A), 201, 307/34 of the Indian Penal Code and Sections 3/4 of the Explosive Substance Act.

3. As per prosecution case, the allegation against the petitioner and co-accused persons is of making bombs for exploding on the occasion of Ram Naumi Julus and during the process of making, the bomb exploded. Accordingly, the present FIR was lodged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that

Patna High Court CR. MISC. No.49751 of 2023(2) dt.11-08-2023 2/2 seizure list was prepared in absence of the petitioner. The petitioner has not concerned with the making bombs. Moreover, similarly situated co-accused namely, Md. Eklakh Ahmed has already been granted bail by a co-ordinate Bench of this Court vide order dt. 16.7.2023 passed in Cr. Misc. No. 44091 of 2023. The petitioner has got no criminal antecedents and languishing in judicial custody 17.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Sasaram (Town) P.S. Case No. 277 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram.

(Sunil Kumar Panwar, J) Amandeep/- U T