Patna High CourtCR. MISC./18747/2021bail granted

Md. Saheb @ Samad v. The State Of Bihar

2021-08-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18747 of 2021 Arising Out of PS. Case No.-597 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== MD. SAHEB @ SAMAD SON OF MD. NASEEM R/O - GOLAKPUR, IMLITAR, P.S.- PIRBAHORE, DISTRICT- PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Informant : Mr. Shashank Shekhar For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Kadamkuan P.S. Case No. 597 of 2019, registered for the offence punishable under Section 307, 120(B), 324 and 326 of the Indian Penal Code and section 27 of the Arms Act.

Earlier the bail application of petitioner was rejected vide order dated 24.09.2020. Vide order dated 14.07.2021, report was called for regarding the stage of trial and same has been received (kept at flag 'R'), which reveals that case has been committed to the court of Sessions on 06.08.2021.

Patna High Court CR. MISC. No.18747 of 2021(3) dt.25-08-2021 2/2 It is submitted that petitioner is in custody since 16.12.20219. In para 3 of the petition, it is stated that petitioner is accused in four more cases and in all those cases he is on bail. Considering the period of custody and stage of trial, the petitioner above-named, is directed to be enlarged 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 Additional Chief Judicial Magistrate XII, Patna in connection with Kadamkuan P.S. Case No.

597 of 2019, subject to following conditions:- (i) The petitioner 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers 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 petitioner.