Ganesh Bhuyian And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48307 of 2018 Arising Out of PS.Case No. -21 Year- 2018 Thana -SALAIYA District- AURANGABAD ======================================================

1. Ganesh Bhuyian S/o late Tulai Bhuyian

2. Khan Bhuiyan S/o Ganesh Bhuiyan Both are Resident of Village- Hari Bigha, P.S. Salaiya, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh, Adv. For the Opposite Party/s : Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in Salaiya P.S. Case No. 21/2018, registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and sections 3, 4 of Witchcraft Act.

Allegation against the petitioners is that they came to the house of informant and started abusing him because informant is doing witchcraft practices.

It has been submitted that petitioners have falsely been implicated in the case. They have no criminal antecedent. Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest or surrender before the court below within a period of four weeks from the date of

Patna High Court Cr.Misc. No.48307 of 2018 (2) dt.18-09-2018 2/2 receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Salaiya P.S. Case No. 21/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.

(3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Vinita/- U T