Suhail Ahamad @ Suhail Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12409 of 2020 Arising Out of PS. Case No.-1856 Year-2017 Thana- SASARAM NAGAR District- Rohtas ====================================================== Suhail Ahamad @ Suhail Akhtar Son of Rafiq Ahamad Resident of Village - Kazipura, P.S.- Sasaram (Town), Distt - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Sudha Chandra, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is in custody since 01.09.2018 whereas similarly situated some other co-accused have already been allowed bail by a coordinate Bench of this Court. In the past prayer for bail was refused on 23.04.2019 with direction to the trial Judge to conclude the trial preferably within nine months.

The report of the trial Judge, at Flag-A, would reveal that only the I.O. and doctor are to be examined in the case and informant is already dead now.

Patna High Court CR. MISC. No.12409 of 2020(5) dt.10-02-2021 2/2 Considering the period already undergone by the petitioner and undertaking to cooperate with the trial, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Sessions Trial No.181 of 2018, arising out of Sasaram Town P.S. Case No.1856 of 2017, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T