Azizur Rahman @ Barka Mian v. The State Of Bihar

Patna High Court Cr.Misc. No.42433 of 2014 (5) dt.08-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42433 of 2014 Arising Out of PS.Case No. -118 Year- 2011 Thana -TARIYANI District- SHEOHAR ====================================================== Azizur Rahman @ Barka Mian, son of Shamsuddin .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Anuj Kr.Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier the prayer for bail of the petitioner was twice rejected by this court but admittedly, petitioner is languishing in jail custody since 20.01.2012 in a case of Section 395 of the Indian Penal Code on the ground that he was identified by the witnesses in Test Identification Parade.

The trial court has reported that up till now only two prosecution witnesses could be examined and the case is pending due to non appearance of prosecution witnesses. Considering the period of detention of the petitioner in jail custody as well as facts and circumstances of the case, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each

Patna High Court Cr.Misc. No.42433 of 2014 (5) dt.08-04-2015 to the satisfaction of 1st Additional Sessions Judge, Sheohar in connection with Sessions Trial No. 84 of 2013 arising out of Tariyani P.S. Case No. 118 of 2011.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T