Md. Abdul Gani @ Abdool Gani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16243 of 2020 Arising Out of PS. Case No.-138 Year-2019 Thana- CHACKMEHSI District- Samastipur ====================================================== Md. Abdul Gani @ Abdool Gani Son of Md. Rahim @ Abdul Rahim Resident of Village - Belsandi Dih, P.S.- Chakmeshi, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

none For the Opposite Party/s :

Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-06-2020 No one appears for the petitioner. Heard learned APP for the State, through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Chakmehsi P.S. Case No. 138 of 2019 registered for the offence under sections 341, 379, 384, 385, 447, 504, 506 and 34 of the Indian Penal Code, section 25(1-B)(a) and 26 of the Arms Act and section 37(a), 37(b) and 37(c) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, three accused persons made an attempt to commit theft in the house of the informant. The petitioner was caught by the villagers at the place of occurrence.

From the records of the case it transpires that earlier application for bail of the petitioner was rejected vide order

Patna High Court CR. MISC. No.16243 of 2020(2) dt.10-06-2020 2/2 dated 27.11.2019 passed in Cr. Misc. No. 61540 of 2019 giving liberty to the petitioner to renew his prayer for bail after completing six months in custody. It has been stated in paragraph no. 13 of the petition that the petitioner is in custody since 04.08.2019.

The application for bail is opposed by learned APP for the State.

Having heard learned APP for the State and taking into consideration, the liberty granted to the petitioner vide order dated 27.11.2019 (Annexure-I) and the petitioner being in custody for more than ten months since 04.08.2019, the court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Chakmehsi P.S. Case No. 138 of 2019 on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, 2nd-cumSpecial Judge, Excise Act, Samastipur. (Partha Sarthy, J) sushma/- U T