Antu Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27682 of 2024 Arising Out of PS. Case No.-387 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Antu Bhuiyan Son Of Late Sohrai Bhuiyan Resident Of Village- Chand Bigha, Ps- Madanpur, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Madanpur Police Station Case No. 387 of 2023 registered for the offence punishable under Sections 302, 201 / 34 of the IPC.

3. As per FIR, it is alleged that the petitioner alongwith co-accused persons killed the informant's brother and buried the dead body for hiding evidence.

4. Learned counsel for the petitioner submits that petitioner is innocent, committed no offence and has falsely been implicated in this case.

5. However learned APP for the State oppose the prayer for bail of the petitioner.

6. On perusal of the FIR, seizure list and impugned order dated 06.03.2024, it appears that on the basis of written report of the informant FIR was registered against 7 accused

Patna High Court CR. MISC. No.27682 of 2024(3) dt.22-05-2024 2/2 persons including the present petitioner and the petitioner is named in the FIR. On perusal of para 3, 4 and 5 of the case diary, it appears that statement of the informant and witnesses have been recorded in which all of them have stated in their statements that petitioner and another co-accused committed murder of the informant's brother Mithilesh Bhuiyan and all of them buried the dead body by digging pit on the bank of the river. On perusal of para 45, 46 and 47 of the case diary, it appears that witnesses Bindeshwari Rikiyasan, Ganesh Chaudhary and Mahesh Bhuiyan saw that petitioner and another co-accused were taking away the dead body of the deceased for the purpose of burying. Considering the aforesaid facts and circumstances of the case and serious allegation levelled against the petitioner, I am not inclined to grant bail to the petitioner.

7. Prayer for anticipatory bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) saurabhkr/- U T