Shubhasan Bhuiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44672 of 2019 Arising Out of PS. Case No.-136 Year-2014 Thana- MADANPUR District- Aurangabad ====================================================== 1.
Shubhasan Bhuiyan, son of Arjun Bhuiyan Resident of Village- Jurahi, P.S.- Madanpur, District- Aurangabad 2.
Ramji Singh Bhokta Son of Sita Singh Bhokta Resident of Village- Jurahi, P.S.- Madanpur, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rupa Kumari For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-07-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
Petitioners apprehend their arrest in connection with Madanpur P.S. Case No.136 of 2014, G.R. No.1413 of 2014 for the offence punishable under Sections 147, 148, 149, 341, 323, 337, 353, 307, 124A of the Indian Penal Code, Section 27 of Arms Act, Section 3⁄4 of Explosive Substance Act and Section 17 of CLA Act.
Allegation against the petitioners, as mentioned in the FIR is that large groups of Moist outfit had proceeded towards Madanpur police station on 19.07.2014 with an intention to attack the police and loot arms and ammunition. The First
Patna High Court CR. MISC. No.44672 of 2019(3) dt.31-07-2019 2/3 Information report disclosed that five hundred persons were pelting stones on police station and about 1000 people had put Jam on G.T. Road and few miscreants had entered into the police station and damaged the articles.
Learned counsel for the petitioners submits that petitioners are innocent, having no criminal antecedent. He further submits that the name of the petitioners has been dragged in this case after lapse of four years on the basis of some videography taken by the police. Learned counsel further submits that similarly situated accused persons have been granted bail by this Court in Cr. Misc. No.11726 of 2019 vide order dated 29.04.2019.
After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the name of the petitioners have been surfaced after lapse of four years and that the petitioners have got no criminal antecedent and similarly situated accused persons have been granted bail by this court, as such, I am inclined to grant anticipatory bail to the petitioner. Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender
Patna High Court CR. MISC. No.44672 of 2019(3) dt.31-07-2019 3/3 by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.
(Anil Kumar Sinha, J) sanjeev/- U T