Salman Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54456 of 2015 Arising Out of PS.Case No. -54 Year- 2014 Thana -PASRAHA District- KHAGARIA ====================================================== Salman Sheikh, Son of Md. Sukruddin Sheikh, Resident of villageLakhipur (Sajanpur), P.S.- Rajmahal, District- Sahebganj (Jharkhand). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sessions Trial No. 396/2014 arising out of Pasraha P.S. Case No. 54/2014 registered under Section 400, 401, 414 of the Indian Penal Code and 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 20.11.2014 passed in Cr. Misc. No. 45040 of 2014 with following observations:- "However, if the trial is not held and concluded within nine months from the date of receipt/production of a copy of the order, the

Patna High Court Cr.Misc. No.54456 of 2015 (2) dt.09-12-2015 2 / 2 petitioner would be at liberty to renew his prayer for bail."

It is stated that the petitioner is in custody since 09.06.2014 and till date no witness has been examined during 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/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Khagaria in connection with Sessions Trial No. 396/2014 arising out of Pasraha P.S. Case No. 54/2014.

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