Awadhesh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63727 of 2023 Arising Out of PS. Case No.-58 Year-2001 Thana- MASAUDHI District- Patna ====================================================== Awadhesh Bind Son Of Late Jagat Bind @ Sahjan Bind Village- Nishiyama Ps- Masaurhi Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302 of the the Indian Penal Code and Section 3/4 of Explosive Substance Act.

3. As per prosecution case, informant got information that someone has injured her son by burning from bomb. Thereafter, she reached there and saw her son was unconscious and after reaching hospital, the doctor declared her son dead.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case only on the

Patna High Court CR. MISC. No.63727 of 2023(3) dt.18-12-2023 2/2 basis of suspicion during the course of investigation. No eye witness of the alleged occurrence. He has no concern with the alleged occurrence and also nothing incriminating article has been recovered from him. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 13.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Masaurhi P.S. Case No. 58 of 2001 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Masaurhi, Patna. (Sunil Kumar Panwar, J) Shubham/- U T