Patna High CourtCR. MISC./59026/2018bail granted

Chandrama Rai v. The State Of Bihar

2018-11-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59026 of 2018 Arising Out of PS. Case No.-358 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Chandrama Rai S/o Late Badal Rai, R/o Vill.- Lal Phokhar Dighi, P.S.- Hajipur Sadar, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nikesh Kumar, advocate For the Opposite Party/s :

Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 3/4/5 of the Explosive Substance Act.

A bomb exploded in the backside of the court-yard of the petitioner. Hence, FIR was lodged against the petitioner. Submission is that the petitioner was not residing in the house since long; rather was in occupation of a tenant which would be evident from the case-diary also. Moreover, there is chances that someone might have threw the simple bombs used on the occasion of Dipawali etc. There is no direct evident against the petitioner that the petitioner was directly involved in explosion of the bomb.

Patna High Court Cr.Misc. No.59026 of 2018(3) dt.01-11-2018 2/2 Considering the fact that there is no substantial evidence against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Hajipur Sadar Police Station Case No. 358 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T