Kanchan Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28161 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- MADANPUR District- Aurangabad ====================================================== Kanchan Bhuiyan S/o- Rajdev Bhuiyan Village- Miseer Miseer Bigha PsMadanpur Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Madanpur P.S. Case No. 01 of 2025 instituted for the offences under Sections 115(2), 117(2), 352, 74, 3(5), 324(4), 109 of the Bhartiya Nyaya Sanhita.

3. As per prosecution case, the petitioner is alleged to have assaulted the Informant with iron rod causing injury on his head.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that there is delay of fifteen days in lodging

Patna High Court CR. MISC. No.28161 of 2025(3) dt.06-08-2025 2/2 the F.I.R. that too without there being any plausible explanation for the same which creates doubt in the veracity of the prosecution case. From the injury report, it appears that the injury sustained by the Informant is simple in nature. The petitioner has one criminal antecedent and is languishing in judicial custody since 14.02.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. Charge-sheet has been submitted in this case.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madanpur P.S. Case No. 01 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T