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Patna High CourtCR. MISC./84784/2019rejected

Md. Jubrail @ Md. Zibrail v. The State Of Bihar

2019-12-20Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84784 of 2019 Arising Out of PS. Case No.-248 Year-2019 Thana- BANKA District- Banka ====================================================== MD. JUBRAIL @ MD. ZIBRAIL Son of Md. Alam Resident of Village - Karori Bazaar (Badre Alampur), P.S.- Habibpur, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anita Kumari Singh For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 341, 323 and 307 of the Indian Penal Code read with Section 34 of the Said Code and 3⁄4 of the Explosive Substance Act.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, nothing has been recovered from the conscious possession of the petitioner. No one has sustained injury. The petitioner is rotting in judicial custody since 15.07.2019. Learned A.P.P. for the State has opposed the prayer

Patna High Court CR. MISC. No.84784 of 2019(2) dt.20-12-2019 2/2 for bail and submitted that petitioner was having a bomb which was exploded and he got serious injuries along with others, this fact is clearly evident from the F.I.R. itself. Considering the facts and circumstances of the case, this Court is not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of this petitioner is rejected.

However, the petitioner may renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) brajesh/- U T