Shyambali Bhuyian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50521 of 2018 Arising Out of PS. Case No.-29 Year-2016 Thana- KASMA District- Aurangabad ====================================================== Shyambali Bhuyian S/o Pardeshi Bhuyian , R/o Vill.- Sonarchak Tola Sugari Bigha, P.O.- Dugul, P.S.- Salaia, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh For the Opposite Party/s :

Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 386, 387, 435, 427, 504 and 506 of the Indian Penal Code and 27 of the Arms Act. Prosecution case, in short, is that the accused persons, variously armed, came to the places of occurrence and set a J.C.B on fire after pouring diesel. They were also raising slogans and left the pumplets.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.4.2018 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not

Patna High Court Cr.Misc. No.50521 of 2018(2) dt.14-09-2018 2/2 named in the F.I.R.. The F.I.R. is lodged against 30-35 unknown persons. The name of the petitioner has transpired on the basis of confessional statement of co-accused Vira Das and Awadhesh Thakur. Co-accused persons have been granted bail vide orders dated 6.10.2016 and 15.2.2017 passed in Cr. Misc. Nos. 44513 of 2016 and 2776 of 2017.

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, it is directed that 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 Chief Judicial Magistrate, Aurangabad in connection with Kasma P.S. Case No. 29/2016.

(Sudhir Singh, J) Pankaj/- U T