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Patna High CourtCR. MISC./86015/2019bail granted

Rajkumar Bhuiyan @ Raju Bhuiyan v. The State Of Bihar

2020-01-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86015 of 2019 Arising Out of PS. Case No.-264 Year-2016 Thana- SIRDALA District- Nawada ====================================================== RAJKUMAR BHUIYAN @ RAJU BHUIYAN Son of Chando Bhuiyan, Resident of Village - Chordiha, P.S.- Rajauli, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Nayan, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 147/148/149/341/323/ 379 / 427/436/504/506/387 of the Indian Penal Code, Section 27 of the Arms Act and Sections 15, 18, 19, 20 of the U.A.P. Act. 63 persons were named in the FIR with allegation that they were members of the Naxal group and had assembled at the referred railway station to commit arson etc. and they committed the same.

Submission is that the allegation is general and omnibus. The petitioner has got no criminal antecedent. He has no concern with the extremist group; rather on suspicion he has been roped. Investigation of the case is already complete. Several other co-accused have already been allowed bail by a

Patna High Court CR. MISC. No.86015 of 2019(2) dt.14-01-2020 2/2 coordinate Bench of this Court.

Considering the aforesaid fact as well as the fact that there is nothing to substantiate that the petitioner is going to tamper with the evidence or abscond the process of law, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Sirdala P.S. Case No.264 of 2016, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the Court.

(Birendra Kumar, J) Mkr./- U T