Lakhan Bhuiyan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7380 of 2019 Arising Out of PS. Case No.-34 Year-2018 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== 1.

LAKHAN BHUIYAN S/o Keshav Bhuiyan Resident of Village-Meh Bhuiyan Tola, P.S.- Narari Kala,Khurd, District- Aurangabad 2.

Ram Janam Bhuiyan S/o Keshav Bhuiyan Resident of Village-Meh Bhuiyan Tola, P.S.- Narari Kala,Khurd, District- Aurangabad 3.

Bhim Kumar Ram S/o Janam Bhuiyan Resident of Village-Meh Bhuiyan Tola, P.S.- Narari Kala,Khurd, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Bahadur Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 302/34 of the Indian Penal Code.

The prosecution case, in brief, is that in the backdrop of quarrel between children, informant's father was given lathi blow on the head by the accused persons, as a result of which, he sustained injury and died in course of treatment. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.7380 of 2019(3) dt.23-04-2019 2/2 petitioners. The petitioners are in custody since 03-10-2018. Charge sheet has already been submitted. The petitioners have falsely been implicated in the present case. No fatal injury is alleged to have been caused by the petitioners. So far petitioner Nos. 1 & 2 are concerned, they are alleged to have assaulted the deceased with fist and slaps. There is no allegation of assault against petitioner No. 3. The main allegation is against coaccused namely Yugeshwar Bhuiyan who is said to have caused fatal injury upon the deceased.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Narari Kala Khurd P.S. Case No. 34 of 2018.

(Sudhir Singh, J) A.K.V.//- U T