Md. Islam @ Islam @ Dada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72320 of 2022 Arising Out of PS. Case No.-286 Year-2022 Thana- KHAIRA District- Saran ====================================================== MD. ISLAM @ ISLAM @ DADA Son of Late Ismail Miyan @ Md. Ismail Noor Mohammad Resident of village - Khodaibagh, P.S.- Khaira, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narendra Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 304 of the Indian Penal Code and 3, 4 and 5 of the Explosive Substance Act. As per prosecution case, the allegation against the petitioner along with others is of involving in manufacturing and selling of illegal crackers without having any valid license. Thereafter, it is further alleged that due to their negligence five persons lost their life.

Patna High Court CR. MISC. No.72320 of 2022(3) dt.12-04-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the house of the petitioner is at some distance from the place of occurrence. Nothing has been recovered from the possession of the petitioner and he is a person of clean antecedent. He submitted that the name of the petitioner has not been mentioned in any of the seizure list. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 17.02.2023 passed in Cr. Misc. No. 62859 of 2022. Moreover, petitioner has got no criminal antecedent as stated in para-3 the bail petition. He is languishing in judicial custody since 02.08.2022.

The application for bail is opposed by learned APP for the State and submitted that it is a serious case in which five persons died due to blast by illegal crackers. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial

Patna High Court CR. MISC. No.72320 of 2022(3) dt.12-04-2023 3/3 Magistrate-1st Class, Saran at Chapra in connection with Khaira P.S. Case No. 286 of 2022.

(Sunil Kumar Panwar, J) arish/- U T