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Patna High CourtCR. MISC./62456/2024bail granted

Vijay Kumar v. The State Of Bihar

2024-09-24Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62456 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Vijay Kumar Son of Umesh Das Resident of Vill- Bajidpur Sarsauna, P.S.- Bangra, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Priya Saran Singh, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 323 , 341 , 307 and 34 of the Indian Penal Code and Sections 3 and 4 of Explosive Substance Act.

3 . As per prosecution case , all the F.I.R., named accused persons came to the door of informant and started abusing him and also exploded bomb due to which the door of

Patna High Court CR. MISC. No.62456 of 2024(2) dt.24-09-2024 2/3 house of informant got damaged. It is further alleged that accused persons threw four live bomb on the door of informant which was defused after arrival of Choukidar and remnants of bomb have been seized by the police .

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to the fact that earlier wife of co-accused Rajesh Kumar lodged a case against the husband of informant and others vide SC / ST P S Case No. 60 of 2023 and this petitioner is the witness in the aforesaid case . No incriminating article has been recovered from the possession of this petitioner and he is no way connected with the alleged occurrence . Petitioner claims clean antecedent.

5 . Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts, clean antecedent of petitioner and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class Samastipur in connection with N H Bangra P.S. case No.

Patna High Court CR. MISC. No.62456 of 2024(2) dt.24-09-2024 3/3 26 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

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