Allowed

Chandradeo Bhuiyan v. The State of Bihar

Patna HC12 Jun 2023CR. MISC./18556/2023

Case brief

AI extract

What is this about?

High Court of Patna, upon hearing an anticipatory bail application against 8 accused in an FIR registered for dacoity, murder, and related offences. Application for some petitioners was dismissed as withdrawn upon surrender. Pre-arrest bail granted to remaining petitioners on furnishing bond with sureties within four weeks.

What did the court decide?

Directed release of petitioners nos. 4, 5, and 7 on pre-arrest bail upon surrender within four weeks on furnishing a bond of Rs. 25,000 each with two sureties.

Chandradeo Bhuiyan Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18556 of 2023

¶2

Arising Out of PS. Case No.-50 Year-2022 Thana- MAIGRA District- Gaya

¶3

======================================================

¶4

CHANDRADEO BHUIYAN Son of Nanhak Bhuiyan R/V- Panchmand, P.sMaigra, Dist- Aurangabad Bihar

¶5

Kismatiya Devi Wife of Chandradeo Bhuiyan R/V- Panchmand, P.s- Maigra, Dist- Aurangabad Bihar

¶6

Chandresh Bhuiyan @ Chandresh Bharti Son of Chandradev Bhuiyan R/VPanchmand, P.s- Maigra, Dist- Aurangabad Bihar

¶7

Gollu Bhuiyan @ Shyam Kumar Son of Chandradev Bhuiyan R/VPanchmand, P.s- Maigra, Dist- Aurangabad Bihar

¶8

Sawai Bhuiyan @ Subai Kumar Son of Chandradev Bhuiyan R/VPanchmand, P.s- Maigra, Dist- Aurangabad Bihar

¶9

Ram Kumar Bhuiyan Son of Chandradev Bhuiyan R/V- Panchmand, P.sMaigra, Dist- Aurangabad Bihar

¶10

Lalu Bhuiyan @ Late Kumar Son of Chandradeo Bhuiyan R/V- Panchmand, P.s- Maigra, Dist- Aurangabad Bihar

¶11

Manita Devi Wife of Chandradeo Bhuiyan R/V- Panchmand, P.s- Maigra, Dist- Aurangabad Bihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P. ======================================================

¶16

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

¶17

2 12-06-2023 Heard Mr. Shailesh Kumar Singh, learned counsel for

¶18

the petitioners and Mr. Ashok Kumar Singh, learned A.P.P. for the State.

¶19

At the outset, learned counsel appearing on behalf of the petitioners informs this Court that petitioner nos. 1, 2, 3, 6 and 8 have surrendered before the Court below during the pendency of the present bail application and as such the present application for grant of pre-arrest bail against them has become infructuous.

¶20

Patna High Court CR. MISC. No.18556 of 2023(2) dt.12-06-2023 2/3

¶21

In view of the above submission, the petition filed on behalf of the petitioner nos. 1, 2, 3, 6 and 8, is dismissed as withdrawn.

¶22

The petitioner nos. 4, 5 and 7 seek pre-arrest bail in connection with Maigra P.S. Case No. 50 of 2022 dated 06.11.2022 registered for the offence punishable under Sections 147, 148, 149, 447, 448, 436, 427, 379, 382, 307, 120(B), 341 and 34 of the Indian Penal Code.

¶23

Prosecution story, in brief, is that the son of the accused Chandradeo Bhuiyan had died due to witchcraft performed by the wife of the informant which led to the committing of murder of the informant’s wife. Allegation is against 200 persons.

¶24

Learned counsel appearing on behalf of the petitioner submitted that there is allegation against altogether 200 unknown persons and 64 named persons. So far as the petitioner nos. 4, 5 and 7 are concerned, there is general and omnibus allegation has been made against them that they were also present at the place of occurrence and allegedly committed murder of the wife of the informant. He further submitted that petitioners are innocent and have no criminal antecedent.

¶25

Learned APP for the State vehemently opposed the

¶26

Patna High Court CR. MISC. No.18556 of 2023(2) dt.12-06-2023 3/3

¶27

prayer for grant of pre-arrest bail.

¶28

Considering the nature of allegation made in the FIR that there is general and omnibus allegation against the petitioner nos. 4, 5 and 7, the petitioner nos. 4, 5 and 7, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J. M Sherghati (Gaya) in connection with Maigra P.S. Case No. 50 of 2022 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

¶29

(Purnendu Singh, J)

¶30

GauravSinha/- U T

Chandradeo Bhuiyan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chandradeo Bhuiyan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Md. Rijwan @ Md. Rizwan Vs The State of Bihar

Shri Jitendra Kumar Vs The State of Bihar through C.B.I.

Kanij Khola Fatima Vs The State of Bihar

Md. Sikandra Alam Vs The State of Bihar

Sanni Kumar Vs The State of Bihar

Mohan Rai @ Mohan Kumar Vs the State of Bihar