Abdul Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37374 of 2016 Arising Out of PS.Case No. -3 Year- 2015 Thana -A.T.S District- PATNA ====================================================== Abdul Rahman S/o Sikandar Ali Resident of Village - Kumbhira, P.O. - Sabdalpur P.S. - Vaishnaw Nagar, District - Malda (West Bengal). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with S.Tr. No. 313 of 2016 arising out of ATS (Bihar Patna) P.S. Case No. 3 of 2015 registered for offences under sections 489(B), 489(C)/34 of the Indian Penal Code and subsequently added Section 16/17 of the U.P.A. Act. Earlier the petitioner had moved before this Court with a prayer for grant of bail in Cr. Misc. No. 21310 of 2016 and vide order dated 19.5.2016, this Court had rejected the same with a liberty to the petitioner to renew his prayer for after completion of one year judicial custody.

Looking to the period of custody as also the facts and

Patna High Court Cr.Misc. No.37374 of 2016 (3) dt.26-10-2016 circumstances of the case, let the petitioner, namely, Abdul Rahman, 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 Judge-II, Patna in connection with S. Tr. No. 313 of 2016 arising out of ATS (Bihar Patna) P.S. Case No. 03 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