Md. Asif Eqbal @ Asif Eqbal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49759 of 2016 Arising Out of PS.Case No. -114 Year- 2014 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ====================================================== Md. Asif Eqbal @ Asif Eqbal Son of Md. Shahabuddin resident of village - Taj Bishanpur Dih, Ali Nagar, P.S. LNMU, District - Darbhanga .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B), 120(B)/34 of the Indian Penal Code.

Petitioner happens to be husband of the deceased and earlier the prayer for bail of the petitioner was rejected by this court vide order dated 30.01.2016 passed in Cr. Misc. No. 44818 of 2015. Petitioner is in jail custody since 27.08.2014 and the impugned order dated 24.09.2016 goes to show that at the time of passing impugned order six prosecution witnesses had

Patna High Court Cr.Misc. No.49759 of 2016 (3) dt.07-12-2016 2/3 already been examined.

The trial court has sent its report vide letter no. 208/16 dated 02.12.2016 and the aforesaid report goes to show that till the date of sending aforesaid report only six prosecution witnesses had been examined. The learned trial court has reported that from 19.08.2016 to 16.09.2016, the prosecution witness could not be cross examined as it was informed that defence lawyer was fallen ill and thereafter, the informant was discharged. The trial court has also reported that seven proposed prosecution witnesses are yet to be examined. Therefore, the aforesaid circumstance goes to show that there is no possibility of conclusion of trial of the petitioner in near future. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 4th Additional Sessions Judge, Darbhanga in connection with Sessions Trial No. 442 of 2014 arising out of L.N.M.U. P.S. Case No.

Patna High Court Cr.Misc. No.49759 of 2016 (3) dt.07-12-2016 3/3 dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Hemant Kumar Srivastava, J) SHAHZAD/- U T