IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.44651 of 2010
KAPIL BHUINYAN, SON OF SRI RAMDEO BHUIYAN
Versus
THE STATE OF BIHAR
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02 27.01.2011 Heard learned counsel for the petitioner as well
as learned Public Prosecutor for the State.
Petitioner seeks his bail in connection with
Madanpur P.S. Case No. 40 of 2000 registered under Sections
147, 148, 149, 302, 120(B) of the Indian Penal Code, 27 of the
Arms Act and 17 of Criminal law Amendment Act.
Although, petitioner is named in the First
Information Report but no specific overt act has been
attributed against him. It is stated in the First Information
Report that it was co-accused Mandip Singh, Satyendra Singh,
Sheo Gagan Bhuiyan, and Naga Bhuiyan, who opened
indiscriminate firing from their respective weapons upon the
informant’s brother, as a result, of which informant’s brother
sustained fire arm injury and died then and there. Although,
petitioner carries criminal antecedent of two cases but
considering this aspect of the matter that petitioner is
languishing in jail custody since 15.04.2008 I think it proper to
release him on bail. Accordingly, above named petitioner is
directed to 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 Additional Sessions Judge-IV,
Aurangabad in connection with Sessions Trial No. 282 of
2000/58 of 2009 arising out of above stated Madanpur P.S.
Case No. 40 of 2000 subject to condition that one of the
sureties must be close relative of the petitioner and the
aforesaid surety must be holder of landed property.
Shahzad (Hemant Kumar Srivastava, J )