Tinku @ Bhutta Vs The State of Bihar

This application, for grant of anticipatory bail, arises out of Hajipur Town Police Station Case No. 163 of 2024, disclosing offences punishable under Sections 4/5 of the Explosive Substance Act.

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The prosecution case, as per the First Information Report, is that the informant, on receiving secret information that in the ruined house of one Tribhuwan Singh, accused persons, Bhola, Tinku @ Bhutta (petitioner) and, Bittu, had kept bomb for the purposes of committing crime, reached at the place of occurrence and on seeing the

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Patna High Court CR. MISC. No.61950 of 2024(2) dt.17-10-2024 2/3

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police some persons fled away. It has further been alleged that on search, eight bombs were recovered from the said house, which were later on destroyed.

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Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case by the police for ulterior motive. He further submits that the bombs were not recovered from the house of the petitioner; rather, the same were recovered from the ruined house of one Tibhuwan Singh and the petitioner has no concern with the said house. He further submits that the police has not disclosed the source of their involvement in the present case. He further submits that similarly situated co-accused person, namely, Bittu Kumar @ Bittu, has been granted anticipatory bail by a co-ordinate Bench of this Court, vide order, dated 23.09.2024, passed in Criminal Misc. No. 51334 of 2024.

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Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner is not named in the First Information Report and has got one criminal antecedent of serious nature of offence; whereas the co-accused, who has been granted anticipatory bail by a co-ordinate Bench of this Court, had

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Patna High Court CR. MISC. No.61950 of 2024(2) dt.17-10-2024 3/3

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no criminal antecedent, I am not inclined to grant the petitioner privilege of anticipatory bail.

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This application is, accordingly, dismissed.

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(Anil Kumar Sinha, J.)

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Prabhakar Anand/-

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U √ T √

Tinku @ Bhutta v. The State of Bihar

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Tinku @ Bhutta v. The State of Bihar

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