Dhukkar Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37882 of 2016 Arising Out of PS.Case No. -120 Year- 2009 Thana -DEO District- AURANGABAD ====================================================== Dhukkar Bhuiyan, Son of Permeshwar Bhuiyan, Resident of village - Sahaipur, P.S. Madanpur, District Aurangabad .... .... Petitioner

Versus

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

For the Petitioner : Mr.

For the Opposite Party : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-09-2016 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner seeks bail in connection with Deo P.S Case No. 120 of 2009 registered for the offences punishable under Sections 144, 427 of the Indian Penal Code, Section 3 Explosive Substance Act, Section 3 P.D. Act and Section 17 C.L.A. Act. Allegedly, 56 persons named in the F.I.R. including the petitioner and 120 unknown damaged small bridges. Submission is of false implication and that the petitioner was not apprehended on the spot rather the name of the petitioner and others came merely on suspicion, the petitioner has been made accused in two more cases by the police and he is in custody since 10.11.2015. Similarly situated accused Sarwan

Patna High Court Cr.Misc. No.37882 of 2016 (2) dt.26-09-2016 2/2 Bhuiyan @ Sarwam Bhuiyan has been allowed bail by another coordinate Bench of this Court vide Cr. Misc. No. 9340 of 2016 and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. fairly submits that co-accused has been allowed bail.

In the facts and circumstances stated above, petitioner is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge- II, Aurangabad, arising out of Deo P.S. Case No. 120 of 2009 (S. Tr. No. 7D/ 2010 94/2016), subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T