← Library
Patna High CourtCR. MISC./13696/2018bail granted

Md. Jawed @ Jawed Miya v. The State Of Bihar

2018-04-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13696 of 2018 Arising Out of PS.Case No. -486 Year- 2016 Thana -SIWAN CITY District- SIWAN ======================================================

1. Md. Jawed @ Jawed Miya, Son of Late Bhola Miya, Resident of atPurani Quila Pokhra, P.S.- Siwan Town, District- Siwan. .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Adv For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 382/34 of the Indian Penal Code and later on Section 395 of the Indian Penal Code was added.

Petitioner is in custody since 18.08.2016 having allegation that he was apprehended alongwith others while robbing a passerby. However, nothing looted was recovered from possession of the petitioner rather a firearm was recovered. For recovery of firearm, separate case has been instituted. Petitioner has criminal antecedent. In the circumstances, this Court on 16.05.2017, refused prayer for bail in Cr.Misc.No.17324 of 2017 with liberty to renew the prayer, if the trial is not concluded within nine months.

Patna High Court Cr.Misc. No.13696 of 2018 (3) dt.11-04-2018 The report of the learned Trial Judge would reveal that the case is at the stage of prosecution evidence. Considering the period already undergone by the petitioner, 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 learned Court below where the case is pending in connection with S.Tr.No.379 of 2017 arising out of Siwan Town Police Station Case No.486 of 2016, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further 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.

(Birendra Kumar, J) Nitesh/- U T