Babujan Nadaf @ Kalam Nadaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49141 of 2022 Arising Out of PS. Case No.-113 Year-2021 Thana- BELA District- Sitamarhi ====================================================== Babujan Nadaf @ Kalam Nadaf S/O Iliyas Nadaf @ Bholu @ Molu Resident Of Village- Betaha, P.S.- Bela, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 395, 397 of the Indian Penal Code and Section 3 of Explosive Substance Act.

The prosecution case in nutshell is that while the petitioner along with other co-accused were passing through the courtyard of the informant, on protest they assaulted the father-in-law of the informant by bricks. It is also alleged that miscreants made firing and hurled

Patna High Court CR. MISC. No.49141 of 2022(3) dt.19-01-2023 2/3 bomb and fled away.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 23.09.2021. It is further submitted that petitioner is neither named in F.I.R. nor anything incriminating has been recovered from his conscious possession. He has not been put on T.I.P. The name of petitioner sprang up in this case on the basis of self confession being made in Bela P.S. Case No. 179 of 2021, before the police, which has no evidentiary value in the eye of law.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.49141 of 2022(3) dt.19-01-2023 3/3 petitioner is directed to be enlarged on bail in connection with Bela P.S. Case No. 113 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi.

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