Sonu Bhuiyan @ Sunil Bhuiyan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47627 of 2016 Arising Out of PS.Case No. -11 Year- 2013 Thana -DUMARIA District- GAYA ======================================================

1. Sonu Bhuiyan @ Sunil Bhuiyan

2. Jattu Bhuiyan, both sons of Ganeshi Bhuinan resident of village-Khaira, P.S. Dumaria, Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 30-11-2016 Heard the counsel for the petitioners and Mr. Dayal, learned APP for the State.

The petitioners are accused along with one Anil Bhuiyan in Dumaria P.S. Case No. 11 of 2013 registered under section 302/34 IPC.

It is stated that the allegation is general and omnibus. The informant, according to the FIR, does not claim herself as an eye-witness. One of the co-accused namely Anil Bhuiyan has been granted bail vide order dated 03.04.2014 (Annexure-2). The petitioners are languishing in jail custody since 10.07.2016. They deserve bail.

On perusal of the record Mr. Dayal, on the other hand, submits that it is more than evident the petitioners

Patna High Court Cr.Misc. No.47627 of 2016 (3) dt.30-11-2016 2/2 absconded for a long time. They do not deserve bail. Considering the facts and circumstances of the case, this Court, for the present, does not find it a fit case for grant of bail. Prayer is accordingly rejected.

However, the petitioners shall have liberty to renew their prayer for bail in the court below itself after the charges are framed against them.

(Kishore Kumar Mandal, J) HR/- U T