Sahjad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14043 of 2024 Arising Out of PS. Case No.-260 Year-2017 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Sahjad Alam S/O Naim Mian @ Naim Ansari R/O Village- Bhit Bherwa (BHITBHERVAN), P.S.- Town Gopalganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-04-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 34 of the IPC.

3. The learned counsel for the petitioner submits that this is the sixth attempt of the petitioner to seek bail.

4. It is next submitted that petitioner is in custody since 21.02.2018. It is further submitted that from perusal of the order dated 08.09.2023, it would manifest that specific submission was made on behalf of the petitioner that the trial concluded in April 2023, but still the petitioner is languishing in custody without knowing whether he will be acquitted or convicted. It is also submitted that the case was at the stage of argument but then till date the argument has not concluded and

Patna High Court CR. MISC. No.14043 of 2024(2) dt.19-04-2024 2/2 the petitioner is languishing in judicial custody. It is next submitted that petitioner will not abscond, rather will cooperate in the case and will appear on each and every date.

5. The learned APP opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned First Additional Sessions Judge, Gopalganj in connection with Town P.S. Case No.260 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. However, it is made clear that if the petitioner does not appear in the case on two consecutive dates, the learned Trial court shall forthwith cancel the bail bonds of the petitioner and shall take all coercive step to ensure that petitioner is behind bar.

(Satyavrat Verma, J) Prakash Narayan U T