Manoj Bhuiyan @ Manon Bhuiyan v. The State Of Bihar

Patna High Court Cr.Misc. No.25401 of 2015 (3) dt.08-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25401 of 2015 Arising Out of PS.Case No. -25 Year- 2014 Thana -SALAIYA District- AURANGABAD ======================================================

1. Manoj Bhuiyan @ Manon Bhuiyan Son of Jagdish Bhuiyan resident of village- Chai, Tola- Azad Bigha, P.S.- Salaiya, District- Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Rita Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Salaiya P.S. Case No. 25 of 2014 registered for the offences punishable under Sections 341, 323, 324, 307 & 504/34 of the Indian Penal Code. Allegedly, the petitioner assaulted the informant with Daab on his head causing grievous injury and further Sunaina Devi was assaulting with Danda and after treatment FIR has been lodged.

Submission is of false implication and that the FIR has been lodged after 9 days of the occurrence and further in the FIR there is allegation that the petitioner assaulted with Daab on his head and there is no allegation of repeating the blow but the doctor has mentioned in the injury report regarding three incised wound

Patna High Court Cr.Misc. No.25401 of 2015 (3) dt.08-10-2015 and further there is manipulation in the date given beneath the signature of the doctor. The petitioner is suffering in custody since 01.02.2015. Chargesheet has already been submitted and there is no chance of tampering with prosecution evidence. Learned APP opposes the prayer of bail by submitting that against the petitioner there is allegation of assault on the head but fairly concedes that there is delay in lodging the first information report.

In the facts and circumstances stated above, 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 Chief Judicial Magistrate, Aurangabad in connection with Salaiya P.S. Case No. 25 of 2014, 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