Patna High CourtCR. MISC./7853/2018bail granted

Mahendra Bhuiyan And ANR v. The State Of Bihar

2018-02-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7853 of 2018 Arising Out of PS.Case No. -99 Year- 2017 Thana -KUTUMBA District- AURANGABAD ======================================================

1. Mahendra Bhuiyan Son of-Chandeshwar Bhuiyan

2. Chandan Kumar, Son of Mahendra Bhuiyan Both are Resident of Village-Pipra Baghi, P.S.-Kutumba, District-Aurangabad. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-02-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are in custody in connection with S. Tr. No.422 of 2017/197 of 2017, arising out of Kutumba P.S. Case No.99 of 2017, a case under Section 302/34 of the Indian Penal Code and Section 3⁄4 of Witch Prevention Act. It is submitted on behalf of the petitioners that the medical findings do not support the allegation against the petitioners.

It appears that having similar allegation, co-accused Akhilesh Bhuiyan and others have been allowed bail by a coordinate Bench of this Court in Cr. Misc. No.60157 of 2017. Considering the fact that medical findings was not

Patna High Court Cr.Misc. No.7853 of 2018 (2) dt.08-02-2018 2/2 consistent with the prosecution allegation and the informant has not supported the F.I.R. during course of trial, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Amit/- U T