Raja @ Enamul Haque v. The State Of Bihar

Patna High Court Cr.Misc. No.34514 of 2017 (2) dt.27-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34514 of 2017 Arising Out of PS.Case No. -352 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Raja @ Enamul Haque Son of Anul Haque, R/o Village- Jalwa Bagh Kodrma, P.S.- Kodarma, District- Kodarma (Jharkand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2017 The petitioner seeks bail in connection with Barachatti P.S. Case No. 352 of 2016 registered for the offences punishable under sections 120B, 121 and 122 of the Indian Penal Code and Section 4/5 Explosive Substance Act and 17 Criminal Law Amendment Act.

Allegation against the petitioner is that police arrested the petitioner on the spot and huge quantity of explosive substance has been recovered from the truck.

Learned counsel for the petitioner submitted that he was neither a driver nor Khalasi, he was only passenger and he has been arrested on the basis of suspicion and he has clean antecedent. The petitioner has been in custody for about 11 months.

Patna High Court Cr.Misc. No.34514 of 2017 (2) dt.27-07-2017 Heard learned A.P.P. has opposed the prayer for bail. Having heard both sides, in view of the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. However, learned 1st Additional Chief Judicial Magistate, Sherghati, Gaya is directed to conclude the trial of the petitioner.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) veena/- U T