Nurul Kamar @ 407 @ Nurul Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2873 of 2019 Arising Out of PS. Case No.-136 Year-2017 Thana- SIKTA District- ======================================================

1. Nurul Kamar @ 407 @ Nurul Kumar, son of late Ahsan. Age about 43 yrs. Male

2. Izhar @ Sheikh Izhar son of Late Johram Miyn. Age about 43 yrs., Male Both are resident of Vill-Jhumka,P.S-Sikta, Dist.-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-01-2019 Heard learned counsel for the parties.

Petitioners seek bail in Sikta P.S. Case No. 136 of 2017 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier, the bail application of the petitioners was rejected vide Annexure- 1, giving a liberty to renew their prayer after ten months in jail custody.

It has been submitted that the petitioners are in custody since 06.03.2018.

Learned counsel for the informant has vehemently opposed the prayer for bail of the petitioners. Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.2873 of 2019(3) dt.30-01-2019 2/2 the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, III, Bettiah, West Champaran in connection with Sikta P.S. Case No. 136 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

However, trial court is directed to conclude the trial within a period of six months after receipt of this order. (S. Kumar, J) Sanjay/- U T