Patna High CourtCR. MISC./58922/2017bail granted

Azad Bhuiyan @ Akhilesh Bharti v. The State Of Bihar

2017-12-14Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58922 of 2017 Arising Out of PS.Case No. -30 Year- 2016 Thana -ROSHANGAANJ District- GAYA ======================================================

1. Azad Bhuiyan @ Akhilesh Bharti, Son of Gyani Bhuiyan @ Dhyani Bhuiyo, Resident of Village- Parsachuyan, P.S.- Raushanganj, DistrictGaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 25.07.2017 in connection with POCSO Case No. 59 of 2017 arising out of Raushanganj P.S. Case No. 30 of 2016 for the offence registered under Sections 354(A)/34 of the Indian Penal Code and Section 12 of the POCSO Act.

Learned counsel for the petitioner submits that apparently, the allegation appears to be motivated and there was no direct allegation against the petitioner. Moreover, the provisions of Section 354(A) of the Indian Penal Code are bailable. The petitioner has already been in custody for past four months. It is further submitted that co-accused Yogesh Lohar @

Patna High Court Cr.Misc. No.58922 of 2017 (2) dt.14-12-2017 2/2 Yugesh Lohar has been extended the privilege of bail in Cr. Misc. No. 8177 of 2017 vide order dated 10.03.2017. Considering the aforesaid facts and circumstances of the case and that the petitioner has no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge 1st cum Special Judge (POCSO Act), Gaya in connection with POCSO Case No. 59 of 2017 arising out of Raushanganj P.S. Case No. 30 of 2016.

(Anjana Mishra, J) Jagdish/- U T