Krishna Bhuiyan @ Krishan Bhuiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44693 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -DUMARIA District- GAYA ======================================================
1. Krishna Bhuiyan @ Krishan Bhuiya Son of Late Sahdeo Bhuiyan, R/o Village- Jagat Khap, P.s.- Dumariya, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 05.11.2016 in connection with Dumariya P.S. Case No. 73 of 2016 for offences punishable under Sections 447, 341, 323, 324, 307 and 504 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that while he was in his house, the petitioner started abusing from out side and when the informant objected, the petitioner armed with Tangi, inflicted Tangi blows to the informant which injured him seriously.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has
Patna High Court Cr.Misc. No.44693 of 2017 (3) dt.21-11-2017 2/2 been falsely implicated only on the basis of land dispute which is explicit from the FIR itself. He submits that the petitioner and informant are co-villagers and the injury report has found to be simple in nature as per medical opinion. He further submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Sub-divisional Judicial Magistrate, Sherghati (Gaya), in connection with Dumariya P.S. Case No. 73 of 2016. (Nilu Agrawal, J) sushma/- U T