Ajay Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4882 of 2022 Arising Out of PS. Case No.-22 Year-2021 Thana- DHIBRA District- Aurangabad ====================================================== Ajay Bhuiyan S/O Ram Nandan Bhiuyan R/o village- Balahabar, P.S.- Mandanpur, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Binod Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dhibra P.S. Case No. 22 of 2021 instituted for the offences under Sections 302, 201 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 01.10.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that informant has alleged that his father, namely, Ramswaroop Bhuiyan (deceased) went for grazing goats on 20.08.2021 in the jungle of Goriya. As it started getting night, Birju Bhuiyan, Manoj Bhuiyan, Devrani Devi and one or two others went towards the jungle with tangi. The father of the informant did not return on that day and in the next morning, he found that dead body of his father was lying in the jungle after being killed and the neck of the deceased was cut in half. It is believed firmly that the said people have murdered the father of the informant as these people had

Patna High Court CR. MISC. No.4882 of 2022(2) dt.07-06-2022 2/2 enmity with the family of the informant.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and during the course of investigation, the name of the petitioner transpired merely on suspicion and he was apprehended accused in this case. It is further submitted that no incriminating articles have been recovered from the physical possession or house of the petitioner. Till date, no Test Identification Parade (T.I.P) has been held in this case.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 01.10.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Aurangabad in connection with Dhibra P.S. Case No. 22 of 2021. (Khatim Reza, J) Gaurav Kumar/- U T