Pairu @ Triveni Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14645 of 2020 Arising Out of PS. Case No.-211 Year-2019 Thana- GURUA District- Gaya ====================================================== 1.

PAIRU @ TRIVENI BHUIYAN Son of Late Munshi Bhuiyan Resident of Village- Punaul, P.S.- Gurua, District- Gaya. 2.

Nand Bhuiyan @ Nahu Mandal Son of Pairu @ Triveni Bhuiyan Resident of Village- Punaul, P.S.- Gurua, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Satyendra Prasad Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioners and Sri Ashok Kumar, the learned APP appearing for the State.

This is an application for grant of anticipatory bail in connection with Gurua P.S. Case No. 211 of 2019 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 353, 427,

Patna High Court CR. MISC. No.14645 of 2020(2) dt.03-07-2020 2/3 504 and 379 of the Indian Penal Code.

The allegation is regarding the police having received information that the general public has caught some persons on the allegation of them being child thieves and the public was assaulting the said persons, whereafter the informant along with police personnel had reached at the place of occurrence, however, the accused persons had engaged in attacking the police as well.

The learned counsel for petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. It is further submitted that there is no allegation of any sort of specific overt act as against the petitioners herein.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the fact that no allegation of any sort

Patna High Court CR. MISC. No.14645 of 2020(2) dt.03-07-2020 3/3 of specific overt act has been levelled against the petitioners herein, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail. Accordingly, the petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Sherghati, Gaya in connection with Gurua P.S.Case No. 211 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T