Somar Bhuiyan @ Upendra Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65355 of 2023 Arising Out of PS. Case No.-86 Year-2022 Thana- DEV District- Aurangabad ====================================================== SOMAR BHUIYAN @ UPENDRA BHUIYAN SON OF BAISHAKHI BHUIYAN RESIDENT OF VILLAGE - BANDA, P.S. - DEO, DISTRICT - AURANGABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukul Kumari For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302, 201, 120(B) of the Indian Penal Code.

As per allegation in the FIR, it is a case of commission of murder. Deceased had performed two marriages and in the present case his first wife is informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. The petitioner is said to be brother-in-law of the deceased and he has been falsely implicated in this case only on suspicion. The F.I.R. has been lodged after the delay of two days. No one is the eye witness of the alleged occurrence. No specific allegation against the petitioner for

Patna High Court CR. MISC. No.65355 of 2023(2) dt.13-10-2023 2/2 committing murder to the deceased. As per postmortem report, no cause of death has been detected by the doctor so viscera was preserved and sent for FSL. The specific allegation against coaccused namely, Rajkali Devi for committing murder of the deceased who happened to be second wife of the deceased and she has already been enlarged on bail by this Bench vide order dated 11.05.2023passed in Cr. Misc. No.48040 of 2022 which is annexed as Annexure-2 of this petition. Petitioner has got no criminal antecedent and languishing in judicial custody since 18.04.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in connection with Deo P.S. Case No. 86 of 2022. (Sunil Kumar Panwar, J) lata/- U T