Basant Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62476 of 2017 Arising Out of PS.Case No. -197 Year- 2017 Thana -PAHARPUR District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Basant Prasad, Son of Ramchandra Prasad resident of village - Sirani Bazar, P.S. Malahi, District - East Champaran.

2. Ambika Sah @ Ambika Prasad, Son of Late Shankar Sah, Resident of Village Jhakhara, P.S. Jagdishpur, District West Champaran.

3. Anjay Sah @ Anjay Kumar Sah, son of Binda Prasad resident of village - Sirani Bazar, P.S. Malahi, District - East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 24-01-2018 Heard learned counsels for the petitioners and the State. The petitioners, already in custody, seek bail in connection with Paharpur P.S.Case No. 197 of 2017 registered under Sections 4 and 5 of Explosive Substance Act.

Allegation is that three explosive substances were recovered from a hut of one Sunil Jha and latter on it is disclosed by one another co-accused that he along with these petitioners had kept the bomb there.

Submission is that there is no other material except disclosure of the names of the petitioners by co-accused Shatrudhan Sah and the petitioners have two more criminal antecedents but are on bail and other similarly situated co-accused persons have

Patna High Court Cr.Misc. No.62476 of 2017 (3) dt.24-01-2018 2/2 been admitted to bail by a co-ordinate Bench of this Court vide order dated 20.12.2017 passed in Cr. Misc. No. 60776 of 2017 and vide order dated 21.12.2017 passed in Cr. Misc. No. 61510 of 2017.

Having considered the aforesaid facts and circumstances, the petitioners, namely, Basant Prasad, Ambika Sah @ Ambika Prasad and Anjay Sah @ Anjay Kumar Sah, are directed to be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, East Champaran, Motihari in connection with Paharpur P.S. Case No. 197 of 2017 with condition that one of the bailor must be their close family members. Petitioners shall remain physically present on each and every date during trial and in case of failure on two consecutive dates without any medical emergency, their bail bond shall liable to be cancelled. (Arun Kumar, J) Sujit/- U T