Mahendra Bhuiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50995 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- SALAIYA District- Aurangabad ====================================================== 1.
Mahendra Bhuiyan S/o Late Karu Bhuiyan R/o vill - Shankarpur, P.S. - Salaiya, Distt. - Aurangabad (Bihar) 2.
Rohit Kumar S/o Mahendra Bhuiyan R/o vill - Shankarpur, P.S. - Salaiya, Distt. - Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aman Vishal For the Opposite Party/s :
Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek regular bail in connection with Salaiya P.S. Case No. 25 of 2023 registered for the offence under Sections 341, 323, 325, 307, 302/34 of the Indian Penal Code.
3. It is a case of commission of murder. Allegation against the petitioners is of assaulting the father of the informant due to which he sustained injury and died during course of treatment.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They
Patna High Court CR. MISC. No.50995 of 2024(2) dt.19-07-2024 2/2 have falsely been implicated in this case. From perusal of FIR, it appear that there is general and omnibus allegation against the petitioner. No specific overt-act attributed the petitioners. The petitioners have got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 2.3.2023. Similarly situated co-accused Fekni Devi has already been enlarged on bail by this Court vide order dated 1.11.2023 passed in Cr. Misc. No. 67823 of 2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Salaiya P.S. Case No. 25 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Aurangabad. (Sunil Kumar Panwar, J) amandeep/- U