Chhotu Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21280 of 2023 Arising Out of PS. Case No.-75 Year-2022 Thana- SALAIYA District- Aurangabad ====================================================== CHHOTU BHUIYAN son of Late Kali Bhuiyan @ Kali Bhuyan R/oJainagar Ps- Gurua Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with S.Tr. No. 492 of 2022 / 512 of 2022 arising out of Salaiya P.S. Case No. 75 of 2022 dated 19.08.2022 registered for the offences punishable u/s 302 read with section 34 of the Indian Penal Code.

As per the prosecution case, the informant's brother went to bring firewood near the forest but did not return till the evening. On search his dead was found in the mountain area under a tree. Learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.21280 of 2023(2) dt.22-05-2023 2/2 petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Dilchand Chaudhary. There is no eye-witness in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.08.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with S.Tr. No. 492 of 2022 / 512 of 2022 arising out of Salaiya P.S. Case No. 75 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T