Somar Bharti @ Somar Bhuiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25383 of 2019 Arising Out of PS. Case No.-70 Year-2012 Thana- IMAMGANJ District- Gaya ====================================================== SOMAR BHARTI @ SOMAR BHUIYA Son of Late Pachan Bhuiyan Resident of Village - Jhoper Asthan, and Pakri Gurya, P.S.- Imamganj, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh, Advocate.
For the Opposite Party/s :
Mr. Braj Kishore Pd., A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in Imamganj P.S. Case No. 70 of 2012, instituted for the offence under Section(s) 302, 120(B)/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of C.L.A. Act.
Counsel for the petitioner submits that petitioner's name is not among 12 accused persons who are said to have taken the son of informant. The name of petitioner has been taken by the informant merely on suspicion.
It is alleged in the written report that on 20.8.2012 son of the informant has been taken by 12 accused persons and he did not return. It is further alleged that on next morning the
Patna High Court CR. MISC. No.25383 of 2019(3) dt.24-04-2019 2/2 dead body of son of the informant was found lying on the road. Counsel for the petitioner submits that informant has filed petition before the court below (Annexure-2) stating that he has not complained against the petitioner. It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.
Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sherghati (Gaya), in connection with Imamganj P.S. Case No. 70 of 2012, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T