Patna High CourtCR. MISC./43383/2024bail granted

Baishakhi Bhuiyan v. The State Of Bihar

2024-08-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43383 of 2024 Arising Out of PS. Case No.-86 Year-2022 Thana- DEV District- Aurangabad ====================================================== 1 . Baishakhi Bhuiyan, age 56 yrs, male, S/O-late Sukan Bhuiyan,

2. Mosafir Bhuiyan @ Musafir Bhuiyan, age 30 yrs, S/O-Baishakhi Bhuiyan, Both R/O Village- Banda, P.S Deo, District Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari , Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the petitioners and learned APP for the State. 2.

2. The petitioners has prayed for regular bail in a case instituted for the offence under Sections 302, 201, 120B of the Indian Penal Code .

3. As per prosecution case , informant suspects that these petitioners along with other co-accused persons killed the husband of the informant.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to ulterior motive . From bare perusal of F.I.R., it is apparent that informant is not an eye witness to the alleged occurrence and only suspicion has been raised against these petitioners.

Patna High Court CR. MISC. No.43383 of 2024(2) dt.23-08-2024 2/2 Similarly situated co-accused persons have already granted bail by this Court vide order dated 11.05.2023 in Cr. Misc. No. 48040 of 2022 , order dated 14.09.2023 in Cr. Misc. No. 60635 of 2023 and vide order dated 13.10.2023 65355 of 2023 . Petitioners are in custody since 08.11.2023 . 5 . Learned counsel for the State opposed the bail petition .

6. Considering the period of custody and also the fact that similarly situated co-accused have already been granted bail, prayer for bail of the petitioners is allowed.

7. Let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM Aurangabad in connection with Deo Police Station Case No. 86 of 2022 .

(Prabhat Kumar Singh, J) Koushik/- U T