Vinesh Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49503 of 2016 Arising Out of PS.Case No. -58 Year- 2016 Thana -AMBA District- AURANGABAD ======================================================

1. Vinesh Bhuiyan Son of Karu Bhuiyan Village Azad Bigha P.S. Amba District Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bindeshwar Prasad Singh For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Amba P.S. Case No. 58 of 2016 registered under Sections- 147, 149, 302 of the Indian Penal Code.

It is alleged that father of the informant is a Exorcist and daughter-in-law of Mithlesh Bhiyan was ill and she was brought before his father, but she could not be cured. Villagers told him to call Exorcist from outside. The informant alongwith his brother went to bring Excorcist. Informant received phone call that Govind Akshay Vinesh Bilash Jamardhan Sinku Raja Sikandar and Manoj Bhuiyan came with lathi danda and killed his father. Informant came back and saw

Patna High Court Cr.Misc. No.49503 of 2016 (4) dt.08-02-2017 2/2 the dead body of his father.

Learned counsel for the petitioner submits that petitioner and the informant are Gotiya and there is land dispute between the parties. There is no eye witnesses to the alleged occurrence and there is no specific allegation against this petitioner. The allegations are general and omnibus. Learned Addl. P.P. appearing for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, I do not feel inclined to grant the privilege of bail to the petitioner. His prayer for bail is, therefore, rejected. However, petitioner may renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) Manish/- U T