Rajendra Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38084 of 2021 Arising Out of PS. Case No.-167 Year-2020 Thana- ROSHANGANJ District- Gaya ====================================================== 1.

RAJENDRA BHUIYAN Son of Karu Bhuiyan Resident of Village - Belwatand, P.S.- Lutua, District - Gaya 2.

Andhan Bhuiyan @ Andhan Kumar Son of Prasad Bhuiyan Resident of Village - Belwatand, P.S.- Lutua, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Adv.

For the Opposite Party/s :

Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-01-2022 Heard Mr. Md. Javed Jafar Khan, learned counsel for the petitioners and Mr. Vinod Shankar Modi, Additional Public Prosecutor for the State through video conferencing. Petitioners seek regular bail in connection with Raushanganj PS Case No. 167/2020 registered for the offence punishable under Sections 302/34 of the IPC.

The allegation, in a nutshell, is that the petitioner along with other accused persons killed the son of informant by pressing his neck by means of towel.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to village

Patna High Court CR. MISC. No.38084 of 2021(2) dt.18-01-2022 2/3 rivalry. He further submits that there was dispute between coaccused Raghu Bhuiyan and Rakesh Bhuiyan with regard to affair of the deceased with a woman of the village and from perusal of the FIR, it would be evident that the informant specifically has given name of Rakesh Bhuiyan and Raghu Bhuiyan who killed the son of the informant by pressing his neck.

Learned counsel next submits that petitioners are in custody since 16.11.2020 having no criminal antecedent and the charge-sheet has already been submitted in the matter and there is no likelihood that the trial would be concluded in near future due to pandemic.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioners are in custody since 16.11.2020 having no criminal antecedent, charge-sheet has already been submitted in the matter and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.38084 of 2021(2) dt.18-01-2022 3/3 satisfaction of Sri Sunil Kumar Singh, learned Judicial Magistrate- 1st Class, Sherghati, Gaya/the court concerned in connection with Raushanganj PS Case No. 167/2020. (Anil Kumar Sinha, J) perwez U T