Awadh Bhuiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21028 of 2024 Arising Out of PS. Case No.-387 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== 1.
Awadh Bhuiyan Son Of Late Balkeshwar Bhuiyan Resident Of VillageChand Bigha, Ps- Madanpur, Dist- Aurangabad 2.
Rina Devi Wife Of Late Mithlesh Bhuiyan Resident Of Village- Chand Bigha, Ps- Madanpur, Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Vishal, Adv.
For the Opposite Party/s :
Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seeks bail in connection with Madanpur PS Case No. 387 of 2023 instituted for the offences punishable under Sections 302/201/34 of the Indian Penal Code.
3. As per the prosecution case, the deceased died in his in-laws house.
4. Learned counsel for the petitioners submits that the petitioners are innocent and has committed no offence and has falsely been implicated in this case. Petitioner are
Patna High Court CR. MISC. No.21028 of 2024(3) dt.19-04-2024 2/3 in custody since 05.09.2023.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR, and impugned order, it appears that on the basis of written report of Bachu Kumar brother of the deceased Mithilesh Bhuiyan registered an FIR under Sections 302, 201/34 of the Indian Penal Code. Perusal of the FIR, it appears that the informant is not an eye witness and the name of the petitioner surfaced on the basis of suspicion. Similarly situated co-accused persons namely Panwa Devi and Sonam Devi have been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 1836 of 2024 dated 18.01.2024 and Malik Bhuiyan @ Raushan Kumar has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 86186 of 2023 dated 11.01.2024 and one Baban Bhuiyan also granted bail by this Court in Cr. Misc. No. 6429 of 2024 passed in Cr. Misc. No. 6429 of 2024.
7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each
Patna High Court CR. MISC. No.21028 of 2024(3) dt.19-04-2024 3/3 with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Aurangabad (Bihar) in connection with Madanpur PS Case No. 387 of 2023.
(Ramesh Chand Malviya, J) Mayank/- U T