Patna High Court
Subedar BhuiyanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail to the petitioners.
Summary
The petitioners, five individuals from Bishunbandh village, were charged in Deo Police Station Case No. 39 of 2020 for assaulting two persons with lathis, resulting in the victims' deaths. The charges include offences under sections 147, 148, 149, 341, 323, 324, 354, 504, 307 and 302 of the Indian Penal Code. The petitioners applied for regular bail, but the court noted that they had been in custody since March 2025 and had allegedly been absconding for about five years. Considering the seriousness of the alleged offences and the alleged history of absconding, the court declined to grant bail. The judgment expressly states that no view on the merits of the case was expressed, and the order pertains solely to the bail application.
Issues considered
- Whether regular bail can be granted to the petitioners charged with multiple serious offences under the IPC, given the alleged five‑year period of absconding.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 324, 341, 354, 504
Subjects
- regular bail
- Indian Penal Code
- assault
- homicide
- absconding
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38034 of 2025
Arising Out of PS. Case No.-39 Year-2020 Thana- DEV District- Aurangabad
======================================================
1. Subedar Bhuiyan S/O Late Gorakh Bhuiyan R/O Village- Bishunbandh, PS-
Deo, Distt-Aurangabad.
2. Satendra Rikiyasan @ Satendra Bhuiya @ Satyendra Rikiyasan @ Satendra
Bhuiyan S/O Harilal Rikiyasan @ Harilal Bhuiyan @ Horal Bhuiyan R/O
Village- Bishunbandh, PS- Deo, Distt-Aurangabad.
3. Sita Bhuiyan S/O Late Bala Bhuiyan R/O Village- Bishunbandh, PS- Deo,
Distt-Aurangabad.
4. Manoj Bhuiyan S/O Baijnath Bhuiyan R/O Village- Bishunbandh, PS- Deo,
Distt-Aurangabad.
5. Arbind Bhuiyan S/O Bhikhar Bhuiyan @ Mitan Bhuiyan R/O Village-
Bishunbandh, PS- Deo, Distt-Aurangabad.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Ms. Mukul Kumari, Advocate
For the State : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 30-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek regular bail in
connection with Deo P.S. Case No.39 of 2020 registered for the
offence under sections 147, 148, 149, 341, 323, 324, 354, 504,
307 and 302 of the Indian Penal Code.
3. The petitioners and others are said to have
assaulted two persons with lathi, as a result whereof, both the
persons have died.
Patna High Court CR. MISC. No.38034 of 2025(4) dt.30-03-2026
2/2
4. The petitioner no.1 is in custody since
05.03.2025, petitioner no.2 is in custody since 21.03.2025 and
petitioner nos. 3 to 5 are in custody since 20.03.2025.
5. Considering the nature of allegation and also
the fact that the petitioners have remained absconding for about
five years, I am not inclined to grant bail to the petitioners.
Accordingly, this bail application is rejected.
6. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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