Akhilesh Bhuiyan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 60157 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -KUTUMBA District- AURANGABAD ======================================================

1. Akhilesh Bhuiyan

2. Sita Ram Bhuiyan Both Sons of late Chaudhary Bhuiyan

3. Manoj Kumar Son of Sita Ram Bhuiyan All Residents of Village- Pipra Bagahi, Police Station Kutumba, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Kamlendra Pd Singh, Advocate For the S t a t e : Mr Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 02-02-2018 Heard counsel for the petitioner and the State. Petitioners seek bail in a case registered under Sections 302/34 of Indian Penal Code and Sections 3⁄4 of Witch Prevention Act.

It is submitted by the petitioner's counsel that the medical findings do not support the allegations against the petitioners and that no specific allegation with respect to assault has been made against the petitioners. They have no criminal antecedent and are in custody since 24.06.2017 and in the course of trial, the informant has not supported the first information report.

Considering the aforesaid submissions, prayer for

Patna High Court Cr.Misc. No.60157 of 2017 (4) dt.02-02-2018 2/2 bail is allowed. Let the petitioners above named be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I, Aurangabad in Sessions Trial No 422 of 2017/197 of 2017 arising out of Kutumba Police Station Case No 99 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T