Md. Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70480 of 2018 Arising Out of PS. Case No.-223 Year-2017 Thana- KORHA District- Katihar ====================================================== Md. Saddam Hussain Son of Late Badruddin. Resident of Village-Madhura, P.S. Korha, Distt.-Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sri Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Allegation against the petitioner and two others is of commission of assault to the husband of the informant, as a result whereof he died. Petitioner is in custody since 29.07.2017.

Earlier the prayer for bail was refused on 20.03.2018 in Criminal Miscellaneous No.7000 of 2018 with direction to the learned trial court to expedite the trial. The report of the leaned trial judge reveals that out of eleven only three prosecution witnesses have been examined.

Patna High Court CR. MISC. No.70480 of 2018(3) dt.13-03-2019 2/2 Submission is that other co-accused have been allowed bail by different co-ordinate Benches of this Court. Petitioner is ready to co-operate with the trial. Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sessions Trial No.221 of 2018, arising out of Korha Police Station Case No.223 of 2017, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) abhishek/- U T