Patna High CourtCR. MISC./37270/2016bail granted

Md. Chhotu v. The State Of Bihar

2016-08-31Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37270 of 2016 Arising Out of PS.Case No. -151 Year- 2015 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Md. Chhotu S/o Md. Raju resident of Village- Maulana Chak, Shahbaj Nagar, P.S.- Mojahidpur, Dist- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 31-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with S.T. No. 676 of 2015 (arising out of Mojahidpur P.S. Case No. 151 of 2015) registered for offences under sections 307, 332, 353, 506, 414, 34 of the Indian Penal Code and u/s 25(1B)a, 26, 27, 29, 35 of the Arms Act and Section 3, 4 and 5 of the Explosive Substance Act.

Earlier this Court, vide order dated 29.2.2016 in Cr. Misc. No. 6271 of 2016, had rejected the prayer for bail of the petitioner with a liberty to renew his prayer for bail after completion of one year in jail custody. The petitioner is in jail custody since 3.8.2015.

Patna High Court Cr.Misc. No.37270 of 2016 (2) dt.31-08-2016 Looking to the period of custody, let the petitioner, namely, Md. Chhotu, 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 learned Additional District & Session's Judge, VIth, Bhagalpur in connection with S.T. No. 676 of 2015 (arising out of Mojahidpur P.S. Case No. 151 of 2015), subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Rishi/- U T