S. Narayan Pandit @ Satya Narayan Pandit And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45300 of 2016 Arising Out of PS.Case No. -142 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ======================================================

1. S. Narayan Pandit @ Satya Narayan Pandit, Son of Mahadeo Pandit.

2. Rajesh Sah, Son of Yugal Sah, Both Resident of Village- Kodarkatta, P.S.- Motipur, District- Muzaffarpur.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Alok Kumar Alok, Advocate. For the Opposite Party : Mr. Anil Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Motipur P.S. Case No. 142 of 2016 for the offences instituted under Sections 3⁄4 of the Explosive Substance Act.

The prosecution story, in brief, is that the petitioners and Balendra Rai keeping Bomb in sack handed to one Rajesh Sah. Upon enquiry, they asked Rajesh Sah about the Bomb which he refused and rain started. He fled away from the spot. Due to coming Panchayat Election, the said Bomb was prepared to terrorize the voters.

Patna High Court Cr.Misc. No.45300 of 2016 (2) dt.20-12-2016 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case due to political reason. The alleged occurrence is said to have taken place in course of Panchayat Election. There is no recovery of any incriminating article from conscious possession of the petitioners. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Motipur P.S. Case No. 142/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. (West), Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T