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Patna High CourtCR. MISC./65225/2021bail granted

Sidharth Gautam @ Sidharth Bind @ Sidharth Kumar v. The State Of Bihar

2022-02-24Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65225 of 2021 Arising Out of PS. Case No.-61 Year-2019 Thana- PALI District- Jehanabad ====================================================== 1.

Sidharth Gautam @ Sidharth Bind @ Sidharth Kumar Son of Jitendra Bind Resident of Village - Beldarichak, P.S. Sigori, District - Patna. 2.

Karam Kumar @ Karan Bind Son of Kamlesh Kumar @ Kamlesh Bind Resident of Village - Beldarichak, P.S. Sigori, District - Patna. 3.

Guddu Kumar @ Ripu Bind Son of Ramashish Bind @ Ram Ashish Vind Resident of Village - Beldarichak, P.S. Sigori, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Shantanu Kumar Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2022 Heard both parties.

The petitioners seek bail in Pali P.S. Case No. 61 of 2019, registered for the offence punishable under Sections 307, 302, 326, 120(B) of the Indian Penal Code and section 3/5 of the Explosive Substances Act.

As per the prosecution case, while informant was participating in Barat party all of a sudden a bomb was exploded by some unknown persons causing injury to some persons. It is further alleged that informant's father got serious injuries and on the way to hospital he died. Bimlesh Kumar, Narendra Kumar, Amarjeet Kumar and Saroj also got injuries

Patna High Court CR. MISC. No.65225 of 2021(2) dt.24-02-2022 2/3 who were taken to the hospital for treatment. It is submitted on behalf of the petitioners that petitioners are not named in the FIR. Name of petitioners transpired in this case during course of investigation in the statement of witnesses under Section 164 Cr.P.C wherein it is alleged that Sidharth Gautam @ Sidharth Bind @ Sidharth Kumar petitioner no. 1 and Karam Kumar @ Karan Bind had given bomb to co-accused Birendra Kumar Yadav who exploded bomb which caused injuries to several persons and death of three persons. Similarly situated co-accused has been granted bail by this Court vide order dated 28.02.2020 passed in Cr. Misc. No. 11504 of 2020. Petitioner no. 1 is in custody since 19.07.2021 and Petitioner no. 2 and 3 are in custody since 26.07.2021.

Counsel for the informant vehemently opposed the prayer for bail and submitted that petitioners were seen at the place of occurrence providing bomb to Birendra Kumar Yadav. Moreover, some of the injured persons also died. Considering the facts and circumstances of the case, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.65225 of 2021(2) dt.24-02-2022 3/3 the learned Chief Judicial Magistrate, Jehanabad in connection with Pali P.S. Case No. 61 of 2019.

(Prabhat Kumar Singh, J) vinita/- U T