Sanjay Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53557 of 2021 Arising Out of PS. Case No.-167 Year-2020 Thana- ROSHANGANJ District- Gaya ====================================================== SANJAY BHUIYAN Son of Umesh Bhuiyan Resident of Village- Duyari, P.S.- Raushanganj (Bankey Bazar), District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-02-2022 Heard learned counsel for the parties through video conferencing.

Petitioner seeks regular bail in connection with Raushanganj (Bankey Bazar ) P.S. Case No. 167 of 2020 registered for the offence punishable under Sections 302 / 34 of the I.P.C.

The allegation in nutshell is that the petitioner along with other accused persons killed the son of informant (Pradeep Bhuiyan) by pressing his neck by means of towel. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to village

Patna High Court CR. MISC. No.53557 of 2021(2) dt.09-02-2022 2/3 rivalry. He further submits that there was dispute between coaccused / Raghu Bhuiyan and Pradeep Bhuiyan with regard to love affair of the deceased with a woman of the village. Learned counsel next submits that petitioner is in custody since 16 - 11 - 2020 having no criminal antecedent, charge-sheet has already been submitted in the matter, similarly situated coaccused / Rajendra Bhuiyan and Andhan Bhuiyan ( Cr. Misc. No. 38084 of 2021 ) and Raghu Bhuiyan @ Raghunandan Bhuiyan (Cr. Misc. No. 54282 / 2021 ) have been granted bail by this court and there is no likelihood that the trial would be concluded in near future due to Covid 19 pandemic.

Regards being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 16.11.2020 having no criminal antecedent, charge-sheet has already been submitted in the matter , similarly situated co-accused persons have been granted bail by this court and trial is not likely to be concluded in near future due to Covid 19 pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.53557 of 2021(2) dt.09-02-2022 3/3 the satisfaction of learned Sub Divisional Judicial Magistrate, Sherghati, Gaya in connection with Raushanganj (Bankey Bazar) P.S. Case No. 167 of 2020.

(Anil Kumar Sinha, J) praful/- U T