Santosh Bhuiyan v. The State Of Bihar
Patna High Court Cr.Misc. No.58436 of 2015 (2) dt.05-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58436 of 2015 Arising Out of PS.Case No. -132 Year- 2015 Thana -MADANPURA District- AURANGABAD ======================================================
1. Santosh Bhuiyan Son of Late Jatu Bhuiyan R/o Village Nawadih, P.S. Madanpur, District Aurangabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Leelawati Kumari -Advocate For the Opposite Party/s : Mr. Anil Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner as well as learned APP.
On the suspicion of being petitioner indulged in naxal activity, his house was raided and during course thereof, one bag was found wherefrom, a grenade, a mobile set, SIM and other articles as per seizure list were recovered. Petitioner was also present in his house and was, accordingly, apprehended. It has been submitted on behalf of petitioner that petitioner has got no criminal antecedent and is under custody since 18.09.2015. It has further been submitted that had there been presence of grenade, then in that event, the petitioner would not have allowed the same to be available inside his house, so that police could locate it as well as presence of petitioner could not have been inside his house at the time of raid. Because of the fact
Patna High Court Cr.Misc. No.58436 of 2015 (2) dt.05-02-2016 that apprehension of the petitioner has to be justified and for that the aforesaid recovery has been made.
Learned APP opposed the prayer for bail.
In the aforesaid facts and circumstances of the case, petitioner, Santosh Bhuiyan is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Madanpur PS Case No. 132 of 2015.
(Aditya Kumar Trivedi, J) perwez U T