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2025 DAILYLAW 40103 (PAT)

Kesar Bhuiyan @ Ramkesar Bhuiyan v. The State of Bihar

CR. MISC./29506/2025 · 2025-05-12

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29506 of 2025 Arising Out of PS. Case No.-402 Year-2024 Thana- MADANPUR District- Aurangabad ====================================================== Kesar Bhuiyan @ Ramkesar Bhuiyan S/o Late Panchoo Bhuiyan R/o Village- Belhar, P.S.- Madanpur, District- Aurangabad ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Madhuresh Singh, Adv. For the Opposite Party/s : Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioners have preferred this application for grant of regular bail in connection with Madanpur P.S. Case No. 402 of 2024 dated 13.10.2024 registered for the offences punishable under Sections 329(3), 191(2), 190, 126(2), 115(2), 117(2), 109, 103(1) and 352 of B.N.S. 3. As per the prosecution case, the petitioner along with the co-accused persons armed with lathi and sticks came to the door of the informant’s house and started abusing and on protest made by the father-in-law of the informant, the co- accused, Bani Bhuiyan, Vikash Bhuiyan, Kesar Bhuiyan (petitioner) and Kuldeep Bhuiyan assaulted him with lathi Patna High Court CR. MISC. No.29506 of 2025(2) dt.12-05-2025 2/3 leading to head injury. When her husband, brother-in-law and sister-in-law came to rescue, the accused persons also assaulted them with iron rod. Her father-in-law succumbed to the injuries on the way to Sadar Hospital. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. It is further submitted that the charges have already been framed agaisnt the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.10.2024. 5. Learned A.P.P. for the State has opposed the bail petition of the petitioner by submitting that the specific allegation of assaulting the informant’s father-in-law is against the petitioner Kesar Bhuiyan and the co-accused persons namely, Bani Bhuiyan, Vikash Bhuiyan, and Kuldeep Bhuiyan causing injury on his head leading to the informant's father-in- law to death. 6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner above- Patna High Court CR. MISC. No.29506 of 2025(2) dt.12-05-2025 3/3 named on bail. 7. The application stands rejected. Gautam/- (Chandra Prakash Singh, J) U T