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Patna High CourtCR. MISC./17156/2019bail granted

Sheikh Reyaz @ Sheikh Reyazuddin v. The State Of Bihar

2019-05-16Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17156 of 2019 Arising Out of PS. Case No.-2 Year-2018 Thana- SAHODARA District- West Champaran ====================================================== Sheikh Reyaz @ Sheikh Reyazuddin Son of Late Sheikh Mohammadin Resident of Mohalla - Rakhahi, P.S.- Shikarpur, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-05-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sahodra PS case no. 2 of 2018 instituted for the offences punishable under Sections 302, 120B/34 of Indian Penal Code and 27 of Arms Act.

Perused the reports of the Sub-Divisional Judicial Magistrate, Bettiah, send through the office of the Incharge Additional District and Sessions Judge-cum-Special Judge, Bettiah, West Champaran, as also that of the Superintendent of Police, West Champaran, Bettiah. A bare perusal of the said reports reveal that there are three other cases, which are reported to be pending against the petitioner apart from the present one i.e. (I) Bhanghan Maanpur PS case no.

Patna High Court CR. MISC. No.17156 of 2019(4) dt.16-05-2019 2/2 of 1992, (II) Bhanghan Maanpur PS case no. 11 of 1989, (III)Shikarpur PS case no. 49 of 2008 and (IV) Sahodra PS case no. 2 of 2018 (the present case).

The learned counsel for the petitioner submits that the petitioner has been acquitted in all the aforesaid three cases and the same cannot be said to be pending as on today, however he has informed that the petitioner is an accused in one other case i.e. Shikarpur PS case no. 311 of 2010, in which the petitioner is already on bail. It is further submitted that the petitioner is an old person aged about 83 years and he is not likely to commit any crime, if he is enlarged on bail. The petitioner is said to be languishing in custody since 07.03.2018. Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate in connection with Sahodra PS case no. 2 of 2018.

(Mohit Kumar Shah, J) rinkee/- U T