Patna High CourtCR. MISC./85787/2023allowed

Sushil Kumar Singh @ Modi v. The State Of Bihar

2024-01-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85787 of 2023 Arising Out of PS. Case No.-568 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== Sushil Kumar Singh @ Modi S/O Murari Singh Village- Dadhapa, Ps. Deo, Dist. Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307, 427 and 34 of the Indian Penal Code and Sections 3, 4 and 5 of Explosive Substance Act.

3. Allegation against unknown miscreants is that they hurled bomb on the house of the informant due to which some doors and wall got damaged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case during investigation on the basis of his own confessional statement

Patna High Court CR. MISC. No.85787 of 2023(2) dt.11-01-2024 2/2 recorded in Sherghati (Dhobhi) P.S. Case No. 227 of 2023 and from that confession, he has been dragged in this case. No any incriminating article has been recovered from the conscious possession of the petitioner. Moreover, he is languishing in judicial custody since 26.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sherghati (Dobhi) P.S. Case No. 568 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1st, Gaya.

(Sunil Kumar Panwar, J) Shubham/- U T