Kamlesh Singh Bhokta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76608 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- DUMARIYA District- Gaya ====================================================== KAMLESH SINGH BHOKTA Son of Ramdas Singh Bhokta, Resident of Village - Kokna, P.S.- Dumariya, Distt.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Javed Jafar Khan For the Opposite Party/s :
Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-03-2020 Heard both sides.
Petitioner seeks bail in Dumariya P.S. Case No.07 of 2019 registered under Sections 147, 148, 149, 341, 323, 504, 452, 436 of the IPC and Sections 3 and 4 of the Explosive Substances Act and Sections 16, 18, 20 and 23 of the U.A.P Act. The informant lodged the case against unknown for causing extensive damage to his house by explosives. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. The name of the petitioner figured in the case in the confessional statement of Tuntun Singh Bhokta, who is found to have made recky of the house of the informant prior to the occurrence. It is further submitted that save and except the confessional statement of Tuntun Singh Bhokta, there is no tangible material against the petitioner. Tuntun Singh Bhokta has already been enlarged on bail vide
Patna High Court CR. MISC. No.76608 of 2019(4) dt.16-03-2020 2/2 order dated 26.07.2019 passed in Cr.Misc.No.46374 of 2019. The other similarly situated co-accused Girja Paswan and Ranjit Paswan have already been enlarged on bail vide order passed in Cr.Misc.No.44641 of 2019 and Cr.Misc.No.44526 of 2019. The case of the petitioner stands on the same footing and the petitioner is in jail since 14.07.2019.
Learned A.P.P. did not dispute the facts.
It appears that the petitioner is not named in the F.I.R. The name of the petitioner figured in the case in the confessional statement of Tuntun Singh Bhokta, who has already been enlarged on bail. Two other similarly situated persons have also been enlarged on bail. Save and except the confessional statement of co-accused, there appears no tangible material against the petitioner.
Having considered the facts aforesaid, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sherghati at Gaya in connection with Dumariya P.S. Case No.07 of 2019.
Harish/- (Prabhat Kumar Jha, J) U T