Chotu Kahar @ Lav Kumar Chandrabanshi @ Bindo Kumar @ Binod Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63756 of 2019 Arising Out of PS. Case No.-52 Year-2011 Thana- TANDWA District- Aurangabad ====================================================== CHOTU KAHAR @ LAV KUMAR CHANDRABANSHI @ BINDO KUMAR @ BINOD JEE Son of Sita Ram Kahar @ Sita Ram Chanderwansi @ Sitaram Singh Resident of Village - Chiraili, P.S.- Nabinagar, Distt.- Aurangabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 143, 149, 307, 427 of the Indian Penal Code and 3⁄4 of Explosive Substance Act and 17 of C.L.A. Act. Prosecution case, in short, is that the informant got information that bomb has been kept on the road. The informant along with police personnel reached the place of occurrence by by that time explosion took place. The villagers told that 5-7 miscreants kept the bomb and fled away towards the forest shouting slogan.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 4.9.2018. Charge sheet has

Patna High Court CR. MISC. No.63756 of 2019(2) dt.21-10-2019 2/2 been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest his implication in this case. Other co-accused have been granted bail vide Annexure 2 series to the present application.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Tandwa P.S. case No.52 of 2011.

(Sudhir Singh, J) Narendra/- U T