Gulam Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43642 of 2016 Arising Out of PS.Case No. -23 Year- 2015 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Gulam Ali Son of late Jamir Mian, Resident of Village- Khalishpur, P.S Mufassil, District Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramadhar Shekhar For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Siwan Muffasil P.S. Case No. 023 of 2015 registered for offence under section 379 of the Indian Penal Code. The petitioner had earlier moved before this Court for bail in Cr. Misc. No. 23766/2016 and this Court, vide order dated 31.05.2016, rejected the same with liberty to renew his prayer for bail after completion of nine months in jail custody. The counsel for the petitioner submits that the petitioner is in custody since 27.11.2015.

Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on his

Patna High Court Cr.Misc. No.43642 of 2016 (2) dt.05-10-2016 2/2 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Muffasil P.S. Case No. 023 of 2015, subject to the condition that (i) one of the bailors shall be father/mother/wife/son 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 in the proceeding of the court below. In event of failure to appear on two consecutive dates without any valid rhyme or reason, the court below will be at liberty to pass the order, including cancellation of bail bonds (Shivaji Pandey, J) Mahesh/- U T