Md. Salam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23036 of 2018 Arising Out of PS. Case No.-155 Year-2009 Thana- CHAKAI District- Jamui ====================================================== Md. Salam Khan, Son of Late Subhan Khan alias Suman Khan, resident of Village - Gongakura, P.S. Jhajha, District - Jamui. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Prasad, Advocate For the Opposite Party/s :

Smt. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in a case registered for the offences punishable under Sections 414,120(B),121/34 of the IPC, Sections 3,4 and 5 of Explosive Substance Act, Section 10,10B,13 of Unlawful Activities and Section 17 of C.L.A. Act. Petitioner is one of the accused in Chakai P.S. Case No. 155 of 2009, corresponding to S.Tr. No. 452 of 2010. The petitioner was convicted in the aforesaid Sessions Trial. Thereafter, the petitioner challenged the conviction in Cr. Appeal (SJ) No. 220 of 2015 and by order dated 04.06.2015, this Court has granted bail to the petitioner, considering his custody since 03.12.2009.

Finally the appeal was disposed of along with some

Patna High Court Cr.Misc. No.23036 of 2018(2) dt.20-04-2018 2/2 other criminal appeals preferred by other co-accused, for retrial vide judgment at Annexure-3 dated 12.10.2017. Thereafter, the petitioner appeared before the learned trial judge for facing trial and prayer for bail has been refused by the impugned order. The aforesaid factual position are itself, sufficient to grant bail to the petitioner.

Accordingly, the regular bail petition is allowed. Considering the entire facts and circumstances of the aforesaid case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Rs. Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.Tr. No. 452 of 2010 arising out of Chakai P.S. Case No. 155 of 2009, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) khushbu/- U T