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Patna High CourtCR. MISC./50065/2019allowed

Anis Pasi v. The State Of Bihar

2019-11-16Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50065 of 2019 Arising Out of PS. Case No.-350 Year-2014 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== ANIS PASI Son of Rajesh Pasi Resident of Village - Badhaiya Bag, P.S.- Sasaram (M), Distt - Rohtas at Sasaram.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Singh For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 3⁄4 of the Explosive Substance Act.

Prosecution case is that written report given by police officer Binod Kumar and stated that on 23.04.2014 they get telephonic massage that in area Bara Harbandiya large number of vehicle were seized by the Mining department and police officer in this time a secret information were given that in Dayal Bigha one abandon Room explosive were kept thereafter

Patna High Court CR. MISC. No.50065 of 2019(3) dt.16-11-2019 2/3 informant reached there and saw that a abandon and balking 10Kg Amoniyam Nitrate and 30 piece of detonator and other article were kept thereafter all article were seized. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. nor any suspicion has been raised against the petitioner in the F.I.R. He further submits that the name of the petitioner has been transpired by the police only on suspicion and except suspicion nothing has come against the petitioner. Learned counsel further submits that petitioner was arrested in one case which was Sasaram (Muffasil) P.S. Case No. 605 of 2014 thereafter he released on bail by the learned court below and after releasing of the petitioner police remanded in this case. It is further submitted that there is no specific allegation against the petitioner.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail 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., Rohtas at Sasaram in connection with Sasaram (Muffasil) Police Station Case No. 350 of 2014, subject to the

Patna High Court CR. MISC. No.50065 of 2019(3) dt.16-11-2019 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U T