Patna High CourtCR. MISC./61296/2024bail granted

Badiruddin @ Md. Badiruddin v. The State Of Bihar

2024-09-10Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61296 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Badiruddin @ Md. Badiruddin Son of Abdul Mannan Resident of VillageMalsavad P.O.- Sultan Nagar, P.S.- Harishchandpur, District- Malda (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha, Adv.

For the Opposite Party/s :

Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kochadhaman P.S. Case No. 12 of 2024 dated 02.02.2024 registered for the offences punishable u/s 353, 307 read with 34 of the Indian Penal Code and Section 27 of the Arms Act and Section 3⁄4 of the Explosive Substance Act.

3. As per the prosecution case, on 02.02.2024 during night patrolling, when the police force reached at Budhimari Karmkar tola, the unknown miscreants who were armed with weapons, fired bullet and threw bomb upon the police. It is

Patna High Court CR. MISC. No.61296 of 2024(2) dt.10-09-2024 2/3 further alleged that the one police personnel, namely, Laltu Kumar got injured while he was stopping the dacoity which was being committed by the unknown miscreants in the house of one Manish Karmkar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case merely on suspicion. Nothing has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted by the prosecution. The co-accused persons have already been granted bail by this court vide order dated 28.08.2024 passed in Cr. Misc. No. 46249 of 2024. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.61296 of 2024(2) dt.10-09-2024 3/3 concerned, Kishanganj in connection with Kochadhaman P.S. Case No. 12 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T