Patna High CourtCR. MISC./4790/2019bail granted

Danish Khan @ Md. Danish Khan v. The State Of Bihar

2019-05-01Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4790 of 2019 Arising Out of PS. Case No.-126 Year-2017 Thana- PHULWARISHARIF District- Patna ====================================================== Danish Khan @ Md. Danish Khan Son of- Akhtar Khan @ Md. Aktar Khan Resident of village-Balidad P.S-Mehandia, District-Arwal (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Vijay Kumar Sinha, For the Opposite Party :

Mr.Raj Kishore Singh.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-05-2019 Heard counsel for the petitioner and the APP. It is submitted by petitioner's counsel that petitioner has falsely been implicated in this case. Earlier his prayer for bail was rejected on 23.05.2018 passed in Cr. Misc. No. 22135 of 2018. Petitioner has remained in custody for more than two years and similarly situated co-accused namely Chhotu Sao has been allowed bail in Cr. Misc. No. 52667 of 2017. Considering the aforesaid circumstance and the period of custody of the petitioner which is said to be since 06.03.2017, this Court is inclined to allow the petitioner on bail, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the court of learned Sub-Judge-XII cum ACJM, Patna in connection with Phulwarisharif, P.S. Case No. 126 of

Patna High Court CR. MISC. No.4790 of 2019(2) dt.01-05-2019 2/2 2017 G.R. No. 1387 of 2017 subject the conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) abhijeet/kamleshU T