Md. Kalim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19968 of 2017 Arising Out of PS.Case No. -235 Year- 2016 Thana -KHAZANIHAT District- PURNIA ====================================================== Md. Kalim Son of Late Seikh Turai @ Md. Turai, Resident of VillageSaura Zabar, Police Station- Dagarua in the District of Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. M. Dayal APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 12-07-2017 Heard Mr. Raj Kumar for the petitioner and Mr. Dayal APP for the State.

Petitioner seeks bail in connection with K. Hat (Sahayak) P.S. case No. 235 of 2016, registered under Sections 468, 471 and 414/34 of the IPC.

Earlier he had approached this Court for grant of bail which was considered and rejected under order dated 16.11.2016 (Annexure-1). The Court, however, granted him liberty to renew prayer for bail after 05 months.

It is submitted that the appellant has remained in custody for more than a year. He is an aged person. The recoveries of motorcycles from the house actually belonged to his son. He is also a co-accused of the present case. It is also submitted that the charges have not till date been framed by the learned Court below. Learned counsel for the State, on the other hand,

Patna High Court Cr.Misc. No.19968 of 2017 (3) dt.12-07-2017 2/2 points out that the petitioner has some criminal antecedents as well.

Be that as it may, considering the facts of the case, particularly, the observation made in the order dated 16.11.2016 as also the period of incarceration, this Court is inclined to enlarge the petitioner on bail. Let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Purnea, in connection with K.Hat ( Sahayak) P.S. Case No. 235 of 2016 ( GR No. 1796 of 2016) with the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.

(ii) No sooner the charges are framed in the case, the petitioner shall appear in person on each date fixed at the trial. In case of defaults on two consecutive dates, the trial Court shall cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T