Rahul Raj @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22805 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -PIRBAHOR District- PATNA ====================================================== Rahul Raj @ Manish Kumar Son of Shankar Yadav Resident of Rahimpur, Police Station- Muffasil, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Pirbahore P.S. Case No. 42 of 2017 instituted for the offence under Sections 143, 201, 286, 385, 419 of the Indian Penal Code and Sections 3, 4 and 5 of the Explosive Substance Act.

As per the allegation in the written report, the petitioner along with three other boys was admitted in PMCH with burn injuries. The injury report has been enclosed as Annexure-3 to the application, wherein it has been mentioned that the petitioner sustained 37% burn injury and the Doctor has found that all the injuries are simple in nature.

The informant alleged in the written report that this

Patna High Court Cr.Misc. No.22805 of 2017 (2) dt.19-05-2017 2/2 petitioner and other accused sustained burn injuries while preparing bomb which exploded. It is also alleged that several articles, which are said to have been used for preparing bomb, have been recovered from the Nutan Hostel and the petitioner and other boys are living there. But from the seizure list, it is apparent that nothing has been recovered from the conscious possession of the petitioner.

It is submitted that other co-accused with similar allegation have been granted bail by the co-ordinate Benches of this Court by orders dated 4.5.2017 and 11.5.2017 passed in Cr. Misc. Nos. 21112 and 22519 of 2017 respectively. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in connection with Pirbahore P.S. Case No. 42 of 2017, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) S.Pandey/- U T