Patna High CourtCR. MISC./35337/2018bail granted

Md. Aftab v. The State Of Bihar

2018-07-06Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35337 of 2018 Arising Out of PS.Case No. -3 Year- 2018 Thana - HABIBPUR District- BHAGALPUR ===================================== Md. Aftab son of Nejarul Hassan @ Md. Chand, resident of Mohalla- Chamelichak, P.S. Habibpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-07-2018 The petitioner seeks bail in connection with Habibpur P.S. Case No. 3 of 2018 dated 01.01.2018 instituted for the offences under Sections 386 of the Indian Penal Code and Section 3/4 of the Explosive Substances Act, 1883. The informant claims to have received a telephone call from somebody claiming himself to be a person with the name of Md. Aftab (Petitioner) and one Md. Gulab and asked him to pay Rs. 5,00,000/-(five lakhs) as protection money. The informant was also threatened of serious consequences in case he did not pay the aforesaid amount. Later, a bomb was exploded near the house of the informant in order to scare him and others.

The learned counsel for the petitioner has submitted

Patna High Court Cr.Misc. No.35337 of 2018 (2) dt.06-07-2018 2/2 that somebody else may have taken his name and would have demanded such protection money from the informant. The petitioner denies of having committed the aforesaid crime. Only because he is an accused in about five cases from before, he has been arrested in the present case. There is no witness to the occurrence and during the course of investigation, no trace could be fond of explosion of bomb, thereby obviating the application of Section 3/4 of the Explosive Substances Act.

The petitioner is in custody since 03.01.2018. Regard being had to the period of custody of the petitioner, the petitioner above named, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/- (ten thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, XII, Bhagalpur in connection with Habibpur P.S. Case No. 03 of 2018.

(Ashutosh Kumar, J) Shageer/- U T