Md. Farukh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38761 of 2015 Arising Out of PS.Case No. -23 Year- 2014 Thana -SARE District- NALANDA (BIHARSHARIFF) ====================================================== Md. Farukh, son of Md. Nihal Khan, resident of village-Onda, P.S.-Sare, District-Nalanda.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Awadhesh Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 19-08-2015 The petitioner, who is in custody since 10.03.2014, seeks bail in connection with Sare P.S. Case No. 23 of 2014 registered under Sections 25(1-B) (a), 26 and 35 of the Arms Act.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 21.11.2014 passed in Cr. Misc. No. 42264 of 2014 with following observation:- "Since the petitioner is in custody, the learned Judicial Magistrate-1st Class, Biharsharif, Nalanda is directed to hold the trial on day-to-day basis and conclude the same as early as possible preferably within six months, failing which the petitioner would be at liberty to renew his prayer for bail."

Patna High Court Cr.Misc. No.38761 of 2015 (2) dt.19-08-2015 2 / 2 It is contended that till date no witnesses have been examined on behalf of the prosecution in course of trial. Regard being had to the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Biharsharif, Nalanda in connection with Sare P.S. Case No. 23 of 2014.

(Ashwani Kumar Singh, J.) Sanjeet/- U T