Patna High CourtCR. MISC./50489/2016bail granted

Rizbi @ Bhaijan v. The State Of Bihar

2016-12-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50489 of 2016 Arising Out of PS.Case No. -61 Year- 2009 Thana -UJIYARPUR District- SAMASTIPUR ====================================================== Rizbi @ Bhaijan Son of Late Hira Mian, Resident of Village- Lakhanipur Maheshpatti, Tole Maulanagar, P.S.- Ujiarpur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Shankar Singh For the Opposite Party/s : Mr. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is in custody in S.T. No.540/12 arising out of UjiarpurP.S.Case No.61 of 2009 registered under Sections 147, 149,341, 323, 302, 307/120(B) of the I.P.C. The allegation against the petitioner and other coaccused is that they badly assaulted to Md.Taslim and Md. Muslim as a result whereof Md. Taslim and Md. Muslim died. It appears that the petitioner and other had moved earlier for bail in Cr.Misc.No.11843 of 2010 which was disposed of on 5.10.2010. While rejecting the prayer for bail trial court was directed to expedite the trial and conclude preferably within a period of one year.

Patna High Court Cr.Misc. No.50489 of 2016 (2) dt.22-12-2016 2/2 In paragraph 11 of the bail petition petitioner has stated on oath that during the last six years some prosecution witnesses were examined. However one witness is yet to be examined.

Considering the period already undergone, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the 6th Additional Sessions Judge, Samastipur, in S.T. No.540/12 arising out Ujiarpur P.S.Case No.61of 2009. Both bailers shall be the local residents and of territorial Jurisdiction of this Hon'ble Court. Petitioner will cooperate with the trial, failing which the trial court shall take step to cancel his bail bond.

(Birendra Kumar, J) AnilKrSinha/- U T