Sheo Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11189 of 2015 Arising Out of PS.Case No. -17 Year- 2009 Thana -DHIBRA District- AURANGABAD ====================================================== Sheo Bhuiyan, S/o Bipat Bhuiyan, R/o Village Dulare , P.S. Dhibra, District Aurangabad (Bihar) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ Manu, Advocate For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 26-06-2015 A supplementary affidavit has been filed. Let it be kept on record.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 144, 149, 427, 120B of the Indian Penal Code, Section 3 of Prevention of Damage of Public Property Act and Section17 of Criminal Law Amendment Act. The FIR was lodged against 23 named and 70-75 unknown persons on the allegation that the accused persons have obstructed the road and they have created reign of terror in the locality.

It is submitted that there is no specific allegation of overt act against the petitioner. However, after investigation, charge sheet has been submitted against the petitioner also. He is in

Patna High Court Cr.Misc. No.11189 of 2015 (3) dt.26-06-2015 2/2 custody since 26.02.2014. In similar facts and circumstances, the co-accused Nagdeo Ram has been granted bail vide Cr. Misc. No.1911/2014.

The learned counsel for the State submits that the petitioner has also criminal antecedents of similar nature. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Amit Raj, Judicial Magistrate, 1st class, Aurangabad/court concerned after framing of charge in Dhibra P.S. Case No.17/2009 in the following conditions : 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

V.K. Pandey/- (Amaresh Kumar Lal, J) U T