Manohar Bhuiyan @ Shankar Bhuiyan @ Manohar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49050 of 2015 Arising Out of PS.Case No. -62 Year- 2012 Thana -DUMARIA District- GAYA =====================================

1. Manohar Bhuiyan @ Shankar Bhuiyan @ Manohar son of Sri Ramjatan Bhuiyan @ Fatan Bhuiyan resident of village : Khajura (Chotkapur), Police Station : Dumaria, Dist : Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Neerad Parashar, Adv. For the Opposite Party/s : Mr. Sucheta Yadav (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-11-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of regular bail arises out of Dumaria P.S. Case No.62 of 2012, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 302, 307, 435, 352, 353, 333 and 120(B) of the Indian Penal Code. Learned counsel, appearing on behalf of the petitioner, submits that the petitioner has been implicated in the present Dumaria P.S. Case No.62 of 2012, on the basis

Patna High Court Cr.Misc. No.49050 of 2015 (2) dt.23-11-2015 2/2 of mere suspicion. He has submitted that the petitioner has been implicated in various criminal cases by the police, references of which have been made in Paragraph-3 of the application. He contends, referring to the First Information Report, that petitioner's implication is on the basis of mere suspicion. He also submits that similarly situated coaccused, namely, Indradeo Yadav @ Indradeo Jee, has been granted bail by this Court, vide order, dated 04.07.2013, passed in Cr. Misc. No.17215 of 2013.

Considering the submission, as above, this application is allowed. The petitioner, abovenamed, is directed to be released 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 SubDivisional Judicial Magistrate, Sherghatty, Gaya, in connection with Dumaria P.S. Case No.62 of 2012. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required, and in the event of failure on his part to appear before the Court, on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T