Bideshi Bhuiyan @ Mohan Bhuiyan @ Bidesh Bhuiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47945 of 2018 Arising Out of PS.Case No. -77 Year- 2014 Thana -DEO District- AURANGABAD ====================================================== Bideshi Bhuiyan @ Mohan Bhuiyan @ Bidesh Bhuiyan, S/o Sitaram Bhuiyan, R/o Village- Sahajpur P.S.- Madanpur, District- Aurangabad (Bihar).
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lal Bahadur Singh, Advocate. For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Dev P.S. Case No. 77 of 2014 instituted for the offence under Sections 147, 148, 149, 188, 189, 307, 353, 124A of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of CLA Act.
Report regarding stage of case was called for from the court below which has been received. The Chief Judicial Magistrate, Aurangabad, has mentioned in the report that case has been committed to the court of Session.
In the written report it is alleged that petitioner and other accused persons armed with various weapons had altercated with the police party. It is further alleged that one broken steel cane and Mobile have been recovered from the place of
Patna High Court Cr.Misc. No.47945 of 2018 (4) dt.05-10-2018 2/2 occurrence. From the written report it appears that there is no injury caused to anybody.
Counsel for the petitioner submits that petitioner has been remanded in this case on 17.05.2018. Counsel for the petitioner further submits that co-accused Naurangi Bhuiyan has been granted bail by the court below vide order dated 04.08.2016 passed in B.P. No. 772 of 2016/90 of 2016.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad (Bihar) in connection with Dev P.S. Case No. 77 of 2014, subject to the condition that both the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J) S.Ali/- U T