Kapil Bhuiyan @ Tapeshwar Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28122 of 2018 Arising Out of PS.Case No. -140 Year- 2013 Thana -GOH District- AURANGABAD ====================================================== Kapil Bhuiyan @ Tapeshwar Bhuiyan, Son of Ramdeo Bhuiyan, resident of Village - Jagroop Bigha, P.S. - Kasma, District - Aurangabad. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13, Advocate Mr. Rohit Kumar, Advocate For the Opposite Party/s : Smt. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 324, 353, 307, 326, 435, 379, 427, 302 of the Indian Penal Code, Section 17 of the Criminal Law Amendment Act, Section 27 of the Arms Act, Section 3⁄4 of the Explosive Substance Act and Sections 10, 11, 13, 16, 18, 19, 20, 21 of the Unlawful Activities Prevention Act. It appears that similarly situated co-accused Sunil Khatry has already been allowed bail by a Coordinate Bench of this Court vide order dated 19.02.2018 passed in Cr. Misc. No. 5085 of 2018 (Annexure-2) considering the fact that some other co-accused were acquitted after trial and no one was named in the FIR.

Patna High Court Cr.Misc. No.28122 of 2018 (4) dt.16-07-2018 2/2 Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Goh Police Station Case No. 140 of 2013, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T