Sunil Bhuiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1500 of 2021 Arising Out of PS. Case No.-77 Year-2020 Thana- DEO District- Aurangabad ====================================================== 1.
SUNIL BHUIYAN SON OF KARU BHUIYAN RESIDENT OF VILLAGEDADHPA,P.S-DEO,DISTRICT-AURANGABAD 2.
BIRJU BHUIYAN SON OF LAMBU BHUIYAN RESIDENT OF VILLAGE-DADHPA, P.S. DEO, DISTRICT AURANGABAD . 3.
CHUNNU BHUIYAN SON OF SATENDRA BHUYIAN RESIDENT OF VILLAGE-HARDIYA PURBARI TOLA,P.S-BETTIAH MUFFASIL, DISTRICT-WEST CHAMPARAN.
4.
VIJAY BHUYIAN @ BIJAY BHUYIAN SON OF RAMDEO BHUYIAN RESIDENT OF VILLAGE-HARDIYA PURBARI TOLA,P.S-BETTIAH MUFFASIL, DISTRICT-WEST CHAMPARAN.
5.
PARVENDRA BHUYIAN @ PARVENDRA @ PRIRVAN KUMAR SON OF SURAJ BHUYIAN RESIDENT OF VILLAGE-HARDIYA PURBARI TOLA,P.S-BETTIAH MUFFASIL, DISTRICT-WEST CHAMPARAN. 6.
HARIHAR BHUYIAN SON OF SATENDRA BHUYIAN RESIDENT OF VILLAGE-HARDIYA PURBARI TOLA,P.S-BETTIAH MUFFASIL, DISTRICT-WEST CHAMPARAN.
7.
MANJHIL BHUYIAN SON OF LATE MUNSHI BHUYIAN RESIDENT OF VILLAGE-HARDIYA PURBARI TOLA,P.S-BETTIAH MUFFASIL, DISTRICT-WEST CHAMPARAN.
8.
KAIL BHUYIAN @ KALI BHUYIAN SON OF LATE MUNSHI BHUYIAN RESIDENT OF VILLAGE-HARDIYA PURBARI TOLA,P.SBETTIAH MUFFASIL, DISTRICT-WEST CHAMPARAN. 9.
BALI BHUYIAN SON OF LATE RAMKISHUN BHUYIAN RESIDENT OF VILLAGE-HARDIYA PURBARI TOLA,P.S-BETTIAH MUFFASIL, DISTRICT-WEST CHAMPARAN.
10.
BASANTI DEVI WIFE OF BRIJNANDAN BHUYIAN RESIDENT OF VILLAGE-DADHPA, P.S. DEO, DISTRICT AURANGABAD ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Singh For the Opposite Party/s :
Mr. A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2021 At the outset, it is submitted by learned counsel for
Patna High Court CR. MISC. No.1500 of 2021(4) dt.02-12-2021 2/3 the petitioners that by order dated 28.10.2021, application against petitioner nos. 3, 4 and 9 has become infructuous. Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Deo P.S. Case no. 77 of 2020 instituted for the offence punishable under Sections 307, 325, 323, 504, 506, 147 and 149 of the Indian Penal Code.
As per allegation in the FIR, petitioners have gone to the house of the informant and assaulted him and other member of the prosecution party by means of lathi and rod. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. There is case and counter case. Both parties have sustained injuries.
Learned APP appearing for the State has opposed the prayer of bail.
Having heard learned counsel for the parties and in
Patna High Court CR. MISC. No.1500 of 2021(4) dt.02-12-2021 3/3 the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners nos. 1, 2, 5, 6, 7, 8 and 10 on bail. Petitioner nos. 1 , 2, 5, 6, 7, 8 and 10 are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Deo P.S. Case no. 77 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U