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Patna High CourtCR. MISC./30926/2016bail granted

Gaurav @ Baba v. The State Of Bihar

2016-08-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30926 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Gaurav @ Baba son of Late Sadanand Mishra @ Pappu Mishra, resident of Mohalla- Maheshpur, Marua Asthan , P.S. Mojahidpur (Babarganj) DistrictBhagalpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Janki Nandan Prasad, Advocate. For the Opposite Party : Mr. Sri Ramchandra Sahani, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offence punishable under Section 307/34 of the Indian Penal Code and Section 3⁄4 of the Explosive Substance Act. Petitioner is not named in the First Information Report, which goes to show that the injured picked up bomb, as a result of which, the aforesaid bomb exploded, causing injury to the injured of the present case. In course of investigation, one Ashok Sharma appeared before the Investigating Officer and disclosed that prior to the alleged occurrence, the petitioner had given threatening to him and at that time, petitioner was carrying a bomb in his hand.

Patna High Court Cr.Misc. No.30926 of 2016 (2) dt.09-08-2016 2/2 Admittedly, none has seen the petitioner planting bomb near the place of occurrence nor the petitioner does have any criminal antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur (Babarganj) P.S. Case No. 72 of 2016.

(Hemant Kumar Srivastava, J.) Amit/- U T