Md. Rashid @ Laddan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3727 of 2017 Arising Out of PS.Case No. -20 Year- 2010 Thana -GADHPURA District- BEGUSARAI ======================================================

1. Md. Rashid @ Laddan, son of Md. Isamul, Resident of Village- Bahattar, P.S. Hasanpur, District - Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Prasad Singh, Adv. For the Opposite Party/s : Mr. Sri Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Garhpura P.S. Case No.20 of 2010 instituted for the offence under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act as well as Section 3/4 of Explosive Substances Act.

It has been submitted that the petitioner is not named in the FIR. His name has come only in confessional statement of co-accused Lalu Kumar @ Lalu Rai. The other co-accused Lalu Kumar @ Lalu Rai has already been granted bail by a co-ordinate bench of this Court by an order dated 23.01.2012 passed in Cr.Misc.No.3126 of 2012.

As per the written report, three persons boarded on

Patna High Court Cr.Misc. No.3727 of 2017 (2) dt.09-02-2017 the motorcycle exploded bomb about a distance of 100 meter from the shop of the informant. Several other persons also sustained injury. All the accused persons fled away.

The Sessions Judge has mentioned in the impugned order that the petitioner's name has come in the confessional statement of co-accused Lalu Kumar Rai. He has also mentioned in the impugned order that the investigation against the petitioner is still pending, whereas charge-sheet has been submitted against co-accused Lalu Kumar Rai.

It has further been submitted that no T.I.P. has been done till today. The petitioner is said to be in custody since 12.09.2016.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Garhpura P.S. Case No.20 of 2010, subject to the conditions that both the bailors shall be the close relative of the petitioner.

Arvind/- (Sanjay Priya, J) U T