Shambhu Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50494 of 2019 Arising Out of PS. Case No.-74 Year-2011 Thana- MALI District- Aurangabad ====================================================== 1.

Shambhu Bhuiyan S/o Jeetu Bhuiyan R/o Village Lahang karma, P.S. Tandwa, Distict- Aurangabad.

2.

Chottu Kahar @ Lawkush Chanderwansi @ Vinod jee @ Vinod Kahar @ Luv Kumar S/O Sitaram Kahar @ Sita Ram Chanderwansi @ Sitaram Singh R/o Village Chiraili, P.S. Nabinagar, District- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 147, 148, 149, 341, 323, 307, 379, 435, 427, 506 of the Indian Penal Code and 17 of C.L.A. Act.

Allegation is that 50-60 unknown miscreants armed with deadly weapons having jute bag and a gallon of oil came and sprinkled oil on machine and set the machine of tower on fire and they fled away. They also set the tractor on fire and taken mobile phone from pocket of Satnarayan Saw and assaulted him with fist and slap.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.50494 of 2019(2) dt.14-08-2019 2/2 the petitioner No.1 is in custody since 5.5.2018 and petitioner No.2 is in custody since 4.9.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are not named in the F.I.R. After a period of six years, they have been remanded in the present case. The petitioners had no knowledge regarding the alleged incident. There is no susbstantive evidence to suggest their implication in the present case. Other coaccused have been granted bail vide Annexures 2 and 3 to the present application.

On behalf of the State, it is submitted that the petitioners are not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge III, Aurangabad in connection with S.Tr. No.414 of 2018/ 413 of 2018 arising out of Mali P.S. case No.74 of 2011.

Narendra/- (Sudhir Singh, J) U T