Jai Ram Bhuiyan @ Mukhiya Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28347 of 2018 Arising Out of PS.Case No. -305 Year- 2017 Thana -MADANPURA District- AURANGABAD ====================================================== Jai Ram Bhuiyan @ Mukhiya Jee S/o Late Shyamdeo Bhuiyan, R/o Vill.- Banda, P.S. Deo, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Madanpur P.S. Case No. 305 of 2017 registered under Sections 147, 148, 149, 341, 323, 324, 379, 386, 435, 504, 506, 302 and 124A of the Indian Penal Code and Section 17 of the CLA Act.

17 named and 32-40 unnamed miscreants are said to have torched JCB and two tractors and snatched mobile phone of the informant on not payment of levy.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has been falsely implicated in this case at the instance of his enemies. He has no concern with the aforesaid occurrence. He is

Patna High Court Cr.Misc. No.28347 of 2018 (2) dt.09-05-2018 2/2 neither named in the F.I.R. nor he was apprehended on the spot. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring confessional statement of coaccused Maheshi Bhuiyan and that of the petitioner which has no evidentiary value in the eye of law. He has no criminal antecedent. He has been languishing in custody since 31.12.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 305 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T