Md. Bishmillah @ Md. Bismilla @ Shamsad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No 30232 of 2017 Arising Out of PS.Case No. -227 Year- 2015 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Md Bishmillah @ Md Bismilla @ Shamsad .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr Ranjan Kumar Jha, Advocate For the S t a t e : Mr Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered under Sections 341, 307, 326, 504, 506/34 of Indian Penal Code and Sections 3/4/5 of Explosive Substances Act.
Counsel for the petitioner submits that in the instant case, the allegation of assault is not on the petitioner. Bomb is said to have been thrown by Md Laddan and the instant petitioner and Md Lal are identically situated inasmuch as there is no allegation of any overt act against the instant petitioner as also the said Md Lal. It is further submitted that chargesheet has already been submitted in this case and there is no chance of tampering the evidence. The petitioner is in custody since 19.03.2017. Though there is one case pending against the petitioner prior to the instant
Patna High Court Cr.Misc. No.30232 of 2017 (2) dt.07-07-2017 2/2 case but in the said case, he is already on bail. It is also submitted that co-accused Md Lal has been granted bail by order dated 05.07.2017 passed in Cr Misc No 25717 of 2017. Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Mojahidpur (Babarganj) Police Station Case No 227 of 2015.
(Madhuresh Prasad, J) M.E.H./- U T