Suresh Bhuiya @ Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68027 of 2019 Arising Out of PS. Case No.-135 Year-2014 Thana- MADANPUR District- Aurangabad ====================================================== SURESH BHUIYA @ MUKHIYA Son of Jaitan Bhuiya Resident of VillageRam Raj Nagar, Post- Nima Anjan, P.S.- Madanpur, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 147, 148, 149, 341, 504, 337, 323, 353, 427 of the Indian Penal Code and 17 of C.L.A. Act.

Allegation is that about 1000 extremists attacked on police establishments and CRPF camp in order to kill the police personnel and loot arms and ammunitions, in which constable Raghuraj Singh and Saddam Gayakwar sustained injuries. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.08.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated

Patna High Court CR. MISC. No.68027 of 2019(2) dt.19-11-2019 2/2 in the present case. The petitioner is not named in the F.I.R. After four days of the alleged occurrence, the name of the petitioner has transpired in the present case as one of the member of the mob. Except for this, there is no other substantive evidence to suggest his implication in this case. Other co-accused have been granted anticipatory bail vide Annexure 2 to the present application.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Madanpur P.S. case No.135 of 2014.

(Sudhir Singh, J) Narendra/- U T