Chhedi Bhuiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21745 of 2025 Arising Out of PS. Case No.-3 Year-2021 Thana- BHADHWAR District- Gaya ====================================================== Chhedi Bhuiyan S/o Late Mahavir Bhuiyan Resident of Village- Harhi, P.S.- Bhadwar, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Bhadwar P.S. Case No. 03 of 2021 dated 04.08.2021 , instituted for the offence punishable under Sections 147, 148, 149, 323, 341, 342, 458, 386, 387, 307, 504 and 506 of the Indian Penal Code.
3. The prosecution case, in short, is that on 30.08.2021 at about 08:30 pm, informant along with his family member were taking meal in the house. In the meantime, some people asked to open the door, but he went on the roof and saw that some people are standing near his house having arms in their hands, then he did not open the door. Thereafter, the accused persons climbed on the roof with the help of the house
Patna High Court CR. MISC. No.21745 of 2025(2) dt.23-04-2025 2/3 situated by the side of the petitioner's house and asked to pay the levy amount of Brick kiln. The accused person took away grandfather, uncle and cousin towards forest after assaulting. When the informant along with villagers went towards forest, they brought his grandfather, uncle and cousin, they told that accused persons were demanding the due levy amount of Brick kiln and assaulted them by means of stone and danda and threatened to kill them.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is the co-villager of the informant. There is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus in nature. It is next submitted that similarly situated co-accused person namely, Nagina Yadav @ Nagina Kumar has been granted bail vide order dated 31.08.2022 passed by a Co-ordinate Bench of this court in Criminal Miscellaneous No. 32273 of 2022. Lastly, it has been submitted that the petitioner is in custody since 23.08.2024 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.21745 of 2025(2) dt.23-04-2025 3/3
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Sub. Divisional Judicial Magistrate, Sherghati, Gaya in Bhadwar P.S. Case No. 03 of 2021.
(Khatim Reza, J) Sankalp/- U T