Karmu Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35824 of 2022 Arising Out of PS. Case No.-62 Year-2020 Thana- DEO District- Aurangabad ====================================================== Karmu Bhuiyan Son Of Late Dallu Bhuiyan R/O- Vill.- Panti Bhuiya Tola, P.S.- Deo Dist.-AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-09-2022 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Sessions Trial No. 119 of 2020 (259/2020) arising out of Deo P.S. Case No. 62 of 2020 lodged under Sections 302, 307, 324, 34 of the I.P.C.

As per the prosecution case, the informant has stated that due to dispute, a family discussion was going on at the house of Karmu Bhuiyan. In the meantime, Tulsi Bhuiyan came there and started saying that why they have entered between the discussion of father and son and Tulsi Bhuiyan came with knife and attacked on the father of the informant. In result, he was

Patna High Court CR. MISC. No.35824 of 2022(2) dt.20-09-2022 2/3 brutally injured and subsequently died.

Learned counsel for the petitioner submits that there is a direct allegation of assault by knife upon Tulsi Bhuiyan and not against the present petitioner. He further submits that petitioner is in custody since 30.06.2020 having clean antecedent and charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail.

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 Additional Sessions Judge-XII, Aurangabad in connection with Sessions Trial No. 119 of 2020 (259 of 2020) arising out of Deo P.S. Case No. 62 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.35824 of 2022(2) dt.20-09-2022 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

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