Satyendra Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49512 of 2015 Arising Out of PS.Case No. -34 Year- 2014 Thana -SALAIYA District- AURANGABAD ====================================================== Satyendra Bhuiyan Son of Sri Bilash Bhuiya Resident of Village - Sadosarai Tola - Bairya Bigha, P.S.- Salaiya, District - Aurangabad .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 15-12-2015 Petitioner apprehends his arrest in a case under section 147, 148, 149 & 435 of the Indian Penal Code and under section 17 of Cr.L.A. Act.

The allegation is that one Subodh Prasad, S.H.O., Salaiya Police Station recorded his self-statement on 23/07/2014 at 07:15 hrs. on camp gram Mirgan Airtel Tower, alleging, inter alia, therein that on the same day i.e. 23/07/2014 early morning at 05:30 hrs., he got information that one Rampravesh Yadav with his associates Vishundeo Mistry, Satyendra Bhuiyan (petitioner), Sanoj Sao, Kapil Bhuiyan along with 20-25 others have burnt the Airtel Tower situated at Mirganj. Upon receipt of information, informant along with other Police Officers after making Sanha entry and giving information to superior officer proceeded for place of occurrence along with some police

Patna High Court Cr.Misc. No.49512 of 2015 (3) dt.15-12-2015 personnel. They found the Mobile phone tower of AIRTEL in burnt condition and also found traces of kerosene oil and a handbill having written an outfit organization's slogan on it. The petitioner submits that he has no antecedent and has been implicated in the instant case on mere suspicion and village politics. He further submits that the FIR seems to be antedated as the learned Judicial Magistrate had seen the same on 26.7.2014. He further submits that except for Arms Act, other sections imposed on him are bailable.

In the facts of the case, the petitioner is directed to surrender and seek regular bail in PS.Case No. -34 Year- 2014 Thana -SALAIYA District- AURANGABAD/ GR No.1460 of 2014 which would be considered on its own merit preferably on the same day without prejudice also taking into consideration that he has no antecedent and has not been attributed any overt act.

Shashi.

(Samarendra Pratap Singh, J) U T