Md. Ismail @ Md. Ismayal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62777 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- DHORAIYA District- Banka ====================================================== 1.
Md. Ismail @ Md. Ismayal S/o Late Sammar Ansari R/o Village- Ahiro, P.S -Dhoraiya, District- Banka 2.
Noor Mohammad S/o Late Sakul Ansari R/o Village- Ahiro, P.S -Dhoraiya, District- Banka ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiw Kumar Prabhakar For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Dhoraiya P.S. Case No. 130 of 2024 dated 13.04.2024 registered for the offences punishable u/ss 326, 307, 120B of the Indian Penal Code and section 3, 4 and 5 of the Explosive Substance Act.
3. As per the prosecution case, police got information that a bomb exploded in the village Ahiro Muslim Tola near the door of the petitioner no. 1 Md. Ismail, due to that four children were severely injured, thereafter police proceeded to the place of occurrence and came to know that the petitioners and the co-
Patna High Court CR. MISC. No.62777 of 2024(2) dt.23-09-2024 2/3 accused persons kept the bomb inside their houses. On search, gun powder and other substances which were used in making bomb, were recovered from the hut of the petitioner no. 1.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners themselves are victims in this case as the petitioner no. 1 lost his minor son Md. Kurban aged about 8 years and the petitioner no. 2 lost his minor grandson Sanaullah Ansari in the alleged occurrence. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 13.04.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Banka in connection with Dhoraiya P.S. Case No. 130 of 2024, with the following condition/s:-
Patna High Court CR. MISC. No.62777 of 2024(2) dt.23-09-2024 3/3 (i). The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T