Brihaspat Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36692 of 2023 Arising Out of PS. Case No.-50 Year-2022 Thana- MAIGRA District- Gaya ====================================================== Brihaspat Bhuiyan Son of Urmil Bhuiyan, Resident of Village- Pachmah, PSMaigra, 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. Madhura Nand Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Maigra P.S. Case No.50 of 2022 dated 06.11.2022, lodged under Sections 147, 148, 149, 447, 448, 436, 427, 341, 342, 379, 382, 307, 302, 120(B)/34 of the Indian Penal Code read with Section 3/4 of Prevention of Witch Act.

4. As per prosecution case, the F.I.R. has been lodged against 69 named accused persons against whom allegation of burning to the wife of informant on the allegation that she is playing dyne.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.36692 of 2023(2) dt.24-06-2023 2/3 there is nothing specific against the present petitioner and only general and omnibus allegation has been made against all the accused persons. He further submits that from the case diary in total 200 persons were made accused in this case. He also submits that there is absolutely nothing specific against the petitioner. Learned counsel submits that antecedent of petitioner is clean and he is in custody since 06.11.2022. He further submits that the other similarly situated co-accused persons have been granted anticipatory bail by the Co-ordinate Bench of this Hon'ble Court vide order dated 12.06.2023 passed in Cr. Misc. No.18556 of 2023 whereas some of the accused persons have been granted regular bail.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Executive Special Judge, SC/ST Act, Gaya in connection with Maigra P.S. Case No.50 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

Patna High Court CR. MISC. No.36692 of 2023(2) dt.24-06-2023 3/3

8. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ritik/- U T