Md. Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56586 of 2015 Arising Out of PS.Case No. -62 Year- 2014 Thana -BHARGAMA District- ARRARIA ====================================================== Md. Azad son of Late Shamsher Ali Resident of Village - Mazrahi, Police Station - Bhargama, District - Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Humayou Ahmad Khan For the Opposite Party/s : Mr. Sakir Ahmad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is seeking bail in connection with Bhargama P.S. Case No. 62 of 2014 for offence under Section 4 of Explosive Substance Act.

The police has reached to the house of the petitioner and recovered bomb from the common latrine made for the several families. Learned counsel for the petitioner submits that the case was lodged at the instance of Nazrul, who had planted the bomb and roped the petitioner in the present case as the bomb was found from the common latrine meant for several family members. The petitioner is languishing in judicial custody since 17.8.2015 and so much so that he has also to lodged a criminal case against Nazrul in Bhargama P.S. Case No. 60 of 2014.

Patna High Court Cr.Misc. No.56586 of 2015 (3) dt.05-02-2016 Looking to the entire facts and circumstances of this case, let the petitioner, namely, Md. Azad be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 62 of 2014 (G.R. No. 1402 of 2014), subject to the following conditions:- (i) One of the bailors shall be relative of the petitioner. (ii) If the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail, and (iii) The petitioner would cooperate in the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass an order, including cancellation of bail bonds. (Shivaji Pandey, J) Rishi/- U T