Raju Sahani @ Langra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6657 of 2018 Arising Out of PS.Case No. -165 Year- 2014 Thana -AMNAUR District- SARAN ======================================================

1. Raju Sahani @ Langra, Son of Harihar Sahani, Resident of VillageMarwar Basaya, P.S.- Panapur, District- Saran. .... .... Petitioner.

Versus

1. The State of Bihar. .... .... Opposite Party. ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Amnaur P.S. Case No. 165 of 2014 registered under Section 447/427/120B/34 of the Indian Penal Code and Section 3⁄4 of the Explosive Substance Act and Section 16 (1) b, 16 (a), 18, 19, & 20 of the unlawful Activities Act.

Seven accused persons including the petitioner are said to have blown the brick kiln by exploding the L.P.G. gas cylinder.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has no concern with the aforesaid occurrence. He is neither named in the F.I.R. nor was

Patna High Court Cr.Misc. No.6657 of 2018 (03) dt.20-02-2018 - 2 - apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. There is nothing on record indicating the complicity of the petitioner in the occurrence barring his confessional statement given before the police which has no evidentiary value in the eye of law. Though three others criminal cases have been lodged against the petitioner but he is on bail in all the aforesaid cases. The petitioner has been languishing in custody since 11.03.2016. Similarly situated coaccused Vikash Rai @ Vikash Kumar Rai has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 58640 of 2015 vide order dated 01.02.2016 while other accused has been enlarged on bail by the learned lower Court.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-10th, Saran at Chapra in connection with Sessions Trial No.569/2016, arising out of Amnaur P.S. Case No.165 of 2014.

(Prakash Chandra Jaiswal, J) Trivedi/- U T