Md. Naijbul @ Nejrul Ansari @ Md. Najbul @ Md. Najrulul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62881 of 2019 Arising Out of PS. Case No.-135 Year-2018 Thana- CHANDAN District- Banka ====================================================== Md. Naijbul @ Nejrul Ansari @ Md. Najbul @ Md. Najrul, Son of Sarajul Ansari, Resident of Village - Chitjore, P.S.- Katoria, Distt.- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner in the present case is seeking regular bail in connection with Chandan (Anandpur O.P.) P.S. Case No.135 of 2018 registered for the offence punishable under Sections 427, 504, 506/34 of the Indian Penal Code and Sections 3 and 4 ofthe Explosive Substances Act.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that the present case is nothing but counter blast of Chandan (Anandpur) P.S. Case No.92 of 2018 lodged by brother of the petitioner.
Learned APP has opposed the prayer for bail.
Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.62881 of 2019(3) dt.05-12-2019 2/3 wherein it is the submission of learned counsel for the petitioner that in fact brother of this petitioner had filed a case being Chandan P.S. Case No.92 of 2018 (Annexure-2) against the informant's side and this case is a counter blast of the said case only with an intention to implicate this petitioner and in the alleged pelting of a bomb over the Bolero Jeep, no injury has been caused to anybody and the vehicle was said to be parked only, the submission that the allegation being totally frivolous and the petitioner having no criminal antecedent has remained in custody since 06.07.2019 and investigation is complete against him, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Chandan (Anandpur O.P.) P.S. Case No.135 of 2018, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted
Patna High Court CR. MISC. No.62881 of 2019(3) dt.05-12-2019 3/3 with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.
(Rajeev Ranjan Prasad, J) arvind/- U T