Sarju Bhuiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25766 of 2021 Arising Out of PS. Case No.-13 Year-2019 Thana- SUHAIL District- Gaya ====================================================== Sarju Bhuiyan, Son Of Godan Bhuiyan, R/O Village- Salaiya, P.S.- Salaiya, Dist.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kunwar Narayan Jamuar- Advocate For the Opposite Party/s :
Ms. Sharda Kumari- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-11-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Sohail P. S. Case No.13 of 2019, instituted for the offences under Sections 147, 148, 149, 341, 323, 353, 325, 307, 504 of the Indian Penal Code and later on, Section 302 of the I.P.C. was also added.
From bare perusal of the F.I.R., it would manifest that specific allegation is against co-accused Jagdish Bhuiyan and Ramjeet Bhuiyan to have committed murderous assault against Constable Pankaj Kumar Das as a result whereof, Pankaj Kumar Das died during course of treatment.
Learned counsel for the petitioner submits that no overt act has been alleged against this petitioner. Petitioner is in
Patna High Court CR. MISC. No.25766 of 2021(2) dt.18-11-2021 2/2 custody since 12.10.2019 and he has no criminal antecedents. Similarly situated co-accused persons have been granted bail by a Bench of this Court vide order dated 16.08.2021 passed in Cr. Misc. No.19309 of 2021. Learned A.P.P. vehemently opposes the prayer. Considering the facts afore-stated, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Sohail P. S. Case No.13 of 2019, subject to condition that (a) the petitioners shall fully cooperate with the investigation/ trial of the case, failing which the learned Court below shall be at liberty to cancel the bail bond of the petitioners, (b) both the bailors shall be resident of territorial jurisdiction of the learned Court below, (c) the petitioners shall not leave the country without permission of the Court.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T