Nand Lal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51754 of 2023 Arising Out of PS. Case No.-109 Year-2011 Thana- RAMGARHWA District- East Champaran ====================================================== Nand Lal Sah Son of Nathuni Sah Resident of village - Champapur, P.S. - Ramgardhwa, Distt. - East Champaran at Motihari ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Radha Mohan Singh For the Opposite Party/s :
Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2023 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence under Section 307, 34 of the Indian Penal Code and Section 3, 4 of Explosive Substance Act.
3. As per the prosecution case, on 29.07.2011 at about 9 :00 PM, while the informant was at his shop, this petitioner alongwith co-accused Ranjeet Kumar Kushwaha came on motorcycle and this petitioner is alleged to have thrown some article on the body of informant and fled away. Later on, this article was found to be country-made bomb.
4. It is submitted on behalf of petitioner that though, there is allegation of throwing country-made bomb, but neither the alleged bomb was exploded nor anyone sustained injury.
Patna High Court CR. MISC. No.51754 of 2023(3) dt.21-09-2023 2/2 Police, after investigation, submitted final form, however; differing with the same, the learned Court below took cognizance for the offence against petitioner and other coaccused. Petitioner has got clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned S.D.J.M., East Champaran at Motihari in connection with Ramgardhwa P.S. Case No. 109 of 2011, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T