Govind Bhuiyan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19602 of 2017 Arising Out of PS.Case No. -58 Year- 2016 Thana -AMBA District- AURANGABAD ====================================================== Manoj Bhuiyan Son of Jankdeo Bhuiyan @ Chandradev Bhuiyan, Resident of Village- Dhura, P.S.- Baluganj, District- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.21778 of 2017 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.

.... .... Petitioner/s

Versus

The State of Bihar.

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

(In Cr.Misc. No.19602 of 2017) For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP (In Cr.Misc. No.21778 of 2017) For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2017 Since both the applications arise out of Amba P. S. Case no. 58 of 2016, they have been heard together and are being disposed of by this common order.

Both the applications are for grant of bail for offences punishable under Sections 147, 149 and 302 of the Indian

Patna High Court Cr.Misc. No.19602 of 2017 (3) dt.03-05-2017 2/3 Penal Code and Sections 3 / 4 of the Prevention of Witch Practices Act.

Earlier petitioners had moved before this Court and this Court had been pleased to reject their applications with observations that they might renew their prayer for bail after framing of charge in both the cases.

It has been submitted on behalf of the petitioners that charges have already been framed which will appear from the impugned order itself and petitioners are ready to abide by any condition.

Heard learned A.P.P. also.

Having heard both sides, in view of the earlier observation made, let above named petitioners be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-VII, Aurangabad, in connection with Sessions Trial no. 105 of 2017/19/2017 arising out of Amba P.S. Case no. 58 of 2016 with the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the court concerned. (ii) The petitioners will not induce any witness or

Patna High Court Cr.Misc. No.19602 of 2017 (3) dt.03-05-2017 3/3 tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and in the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

(Vinod Kumar Sinha, J) sudip/- U T