Patna High CourtCR. MISC./57177/2017bail granted

Shambhu Bhuiyan v. The State Of Bihar

2017-12-13Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57177 of 2017 Arising Out of P.S.Case No. -53 Year- 2011 Thana -TANDWA District- AURANGABAD ====================================================== Shambhu Bhuiyan S/o Jitu Bhuiyan, R/o Village- Lahang Karma, P.S.- Tandwa, District- Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Singh, Advocate For the Opposite Party : Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and the State.

2. The petitioner is in custody in connection with Tandwa P.S.Case No.53 of 2011 registered for an offence under Sections 307 and ancillary Sections of the IPC and 27 of the Arms Act as well as 3/4 of the Damage of Public Property Act.

3. The allegation is that the FIR named accused persons including the petitioner along with 400 unknown extremists have encircled the police station and made indiscriminate firing on the police force with an intention to kill them and to loot and also damage the government property.

4. It has been submitted that the petitioner is in custody since 22.02.2017 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses

Patna High Court Cr.Misc. No.57177 of 2017 (2) dt.13-12-2017 2/2 allegedly against the petitioner. Altogether 16 persons are named in the FIR including the petitioner. No specific allegation has been made. General and omnibus allegation has been made against the petitioner.

5. The learned APP opposed the submission.

6. Considering the aforesaid facts and circumstances, prayer for bail is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge VI, Aurangabad in connection with Tandwa P.S.Case No.53 of 2011 corresponding to Sessions Trial No.499 of 2016/170 of 2016.

(Sanjay Kumar, J) B.Kr./- U T