Mahendra Bhuiyan And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.39559 of 2015 (3) dt.10-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39559 of 2015 Arising Out of PS.Case No. -99 Year- 2014 Thana -KOTHI District- GAYA ======================================================

1. Mahendra Bhuiyan Son of Late Ujagir Bhiyan,

2. Kedar Bhiyan, Son of Late Kisun Bhiyan, Both are resident of village - Bara, P.S. - Kothi, District - Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Javed Jafar Khan For the Opposite Party/s Mr. Ashok Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 10.11.2015 Heard learned counsel for the petitioners, learned Addl. Public Prosecutor for the State as well as learned counsel for the informant.

Petitioners are named in the first information report but neither informant nor any other person claimed to have seen the petitioners carrying the victim whose dead body was recovered near a river in course of investigation and, therefore, it is obvious that except suspicion, there is nothing against the petitioners. However, it is submitted that prior to institution of the present case, mother of petitioner no.1 had lodged criminal case against husband of the informant and that is the reason of false implication of the petitioners in the alleged crime. Accordingly, above named petitioners are directed to be released on bail on furnishing bail bonds of Rs 10,000/- each with two

Patna High Court Cr.Misc. No.39559 of 2015 (3) dt.10-11-2015 sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Gaya at Sherghati in Kothi P.S. Case no. 99/2014.

shahid (Hemant Kumar Srivastava,J) U T