Patna High CourtCR. MISC./86186/2023allowed

Malik Bhuiyan Alias Raushan Kumar v. The State Of Bihar

2024-01-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 86186 of 2023 Arising Out of PS. Case No.-387 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Malik Bhuiyan Alias Raushan Kumar son of Doman Bhuiyan VILLAGE CHANDBIGHA PS MADANPUR DISTRICT AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302, 201, 34 of the Indian Penal Code.

3. As per FIR, it is alleged that the petitioner and coaccused persons killed the informant's brother and buried his dead body for hiding evidence.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is co-villager of the deceased's matrimonial house and he no concern with the occurrence or with co-accused persons rather he has falsely

Patna High Court CR. MISC. No. 86186 of 2023(2) dt.11-01-2024 2/2 been implicated in this present case. There is no specific allegation levelled against the petitioner. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 04.09.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madanpur P.S. Case No. 387 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-III, Aurangabad.

(Sunil Kumar Panwar, J) lata/- U