Md. Allauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15888 of 2018 Arising Out of PS.Case No. -256 Year- 2017 Thana - MAHNAR District- VAISHALI(HAJIPUR) ===================================== Md. Allauddin S/o Md. Jalaluddin, R/o Village- Dubha, P.S.- Sahdai, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Naresh Sharma For the State : Mr. Sri Satyadev Prasad Singh Yadav ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-04-2018 The petitioner seeks bail in anticipation of his arrest in connection with Mahnar P.S. Case No. 256 of 2017 dated 05.11.2017 instituted for the offences under Sections 4/5 of the Explosive Substances Act.

One Surendra Sahani's house was raided and from his possession, explosives were recovered.

The aforesaid Surendra Sahani is said to have disclosed before the police (anti-terror squad) that he was helped by the petitioner in the aforesaid act of collecting and selling the explosives. The learned counsel appearing for the petitioner, however, has submitted that Surendra Sahani and another person viz. Karamvir Singh @ Raja are the persons who deal with the explosives at the instance of one Mani Bhushan Singh. The name of the petitioner has been deliberately given by the aforesaid Surendra Sahani at the instance of the

Patna High Court Cr.Misc. No.15888 of 2018 (2) dt.06-04-2018 2/2 aforesaid Mani Bhushan Singh with whom he has litigation. The petitioner had earlier lodged a case against Mani Bhushan Singh. A Sanha also was earlier recorded with respect to the aforesaid Mani Bhushan Singh. All efforts have been made by the local Panchayat functionaries and the family members of the petitioner to meet and inform the superior Police Officer about the false implication of the petitioner.

The petitioner does not have any criminal antecedent. Since nothing has been recovered from the possession of the petitioner and his implication in the present case is only on the basis of confession of an accused person, who was arrested with explosives, the petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, is directed 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 Additional Chief Judicial Magistrate, VI, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 256 of 2017.

(Ashutosh Kumar, J) Shageer/- U T