Halim Mian @ Halim Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22853 of 2015 Arising Out of PS.Case No. -49 Year- 2008 Thana -BHORE District- GOPALGANJ ======================================================

1. Halim Mian @ Halim Miya son of Shamsul Haque Resident of VillageSishayie Pathan Tola, Police Station- Bhorey, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghulam Rabbani For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 3 and 4 of Explosive Substances Act.

The informant being Dafadar heard the sound of explosion, he went to the place of explosion and came to know that Hashruddin Khan, Noor Jahan and the petitioner kept bomb in their house which got suddenly exploded causing injury to Noor Jahan. The house of Hasruddin Khan was searched from where equipments of preparing bomb i.e. iron pieces, sulpher and other articles were seized.

It is submitted by the learned counsel for the petitioner that there is no recovery from the petitioner nor the petitioner was

Patna High Court Cr.Misc. No.22853 of 2015 (2) dt.22-05-2015 2/2 found near the place of occurrence. The recovery has been made from the house of Hashruddin khan. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Gopalganj in connection with Bhorey P.S. Case No. 49 of 2008 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T