Vinesh Bhuiyan v. The State Of Bihar

Patna High Court Cr.Misc. No.17889 of 2017 (2) dt.26-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17889 of 2017 Arising Out of PS.Case No. -58 Year- 2016 Thana -AMBA District- AURANGABAD ======================================================

1. Vinesh Bhuiyan Son of Karu Bhuiyan, resident of village - Azad Bigha, P.S. Amba, District - Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bindeshwar Prasad Singh For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 06.09.2016 in connection with Amba P.S. Case No. 58 of 2016 registered under Sections 147, 149, 302 of the Indian Penal Code and Section 3/4 of the Prevention of Witch Practices Act.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, has falsely been implicated in this case on account of land dispute. Earlier the bail of this petitioner has been refused by this Court in Cr. Misc. No. 49503 of 2016 with observation that the prayer for bail of this petitioner may be considered after framing of charge. Charges have been framed in this case, which is annexure-3. The petitioner is rotting in custody for the last six months.

Patna High Court Cr.Misc. No.17889 of 2017 (2) dt.26-04-2017 Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VII, Aurangabad in connection with Amba P.S. Case No. 58 of 2016/ S.T. No. 19 of 2017.

(Arvind Srivastava, J) brajesh/- U T