Patna High CourtCR. MISC./49726/2016rejected

Govind Bhuiyan And ORS v. The State Of Bihar

2017-01-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49726 of 2016 Arising Out of PS.Case No. -58 Year- 2016 Thana -AMBA District- AURANGABAD ======================================================

1. Govind Bhuiyan, Son of Ratan Bhuian,

2. Akshay Bhuiyan, son of Chalitar Bhuian, Both are resident of Azad Bigha, P.S. Amba, District- Aurangabad.

3. Manoj Bhuiyan, Son of Janakdeo Bhuian, resident of Village- Dhura, P.S.- Baluganj, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The application is for grant of bail in connection with Amba PS case no. 58/2016 for the offence under Sections 147, 149, 302 of the Indian Penal Code and Section 3 /4 of D.P.Act.

It is submitted on behalf of petitioner that there is no specific allegation of assault against the petitioner rather there is general allegation of assault against 7-8 persons including the petitioner and petitioner is in custody since 06.09.2016. It is further submitted that petitioner has clean antecedent and even if the allegation is found true against the petitioner, he has no

Patna High Court Cr.Misc. No.49726 of 2016 (3) dt.16-01-2017 2/2 intention to kill the deceased.

Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail.

Having heard both sides. As there is allegation of assault against this petitioner also, I am not inclined to grant bail to the petitioner. As such, his prayer for bail rejected at this stage. However, petitioner may renew his prayer for bail before the learned court below after framing of charge.

With these observations, this bail application is dismissed.

(Vinod Kumar Sinha, J.) rinkee/- U T