Ram Keshwar Bhuiyan v. The State Of Bihar

Patna High Court Cr.Misc. No.32121 of 2016 (3) dt.17-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32121 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -ROSHANGAANJ District- GAYA ======================================================

1. Ram Keshwar Bhuiyan Son of late Puni Bhuiyan Resident of villageParasachuya , P.S. Raushanganj, district Gaya. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Raushanganj P.S. Case No. 19 of 2016 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. The petitioner is named in the FIR along with co-accused Sunil Bhuiyan with allegation that land dispute was going on between the deceased and the accused persons and the petitioner used to cause threats to kill him and as such it is believed that the petitioner and co-accused Sunil Bhuiyan have killed the father of the informant.

Submission is of false implication and that there is no legal and cogent material against the petitioner. During entire investigation besides suspicion nothing has come, there is no direct evidence against the petitioner and no one has seen the

Patna High Court Cr.Misc. No.32121 of 2016 (3) dt.17-09-2016 petitioner committing the crime. The petitioner is suffering in custody since 19.03.2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such the petitioner deserves sympathetic consideration to which learned APP opposes.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sherghatti (Gaya) in connection with Raushanganj P.S. Case No. 19 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T