Md. Farhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34429 of 2021 Arising Out of PS. Case No.-48 Year-2019 Thana- TATARPUR District- Bhagalpur ====================================================== MD. FARHAN Son of Shamshad Mistry Resident of Fakirtakya Gali, Petrol Pump Tatarpur, P.S.- Tatarpur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Atal Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-08-2021 The matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

This application for regular bail arises out of Tatarpur P.S. Case No. 48 of 2019 (S.T. No. 690 of 2019), disclosing offence punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is in custody since 06.05.2019. His name surfaced during course of investigation on the basis of confessional statement of a co-accused. The petitioner's bail application was earlier rejected, considering his criminal antecedent and severity of the offence alleged. An observation was made that the petitioner shall be at liberty to renew his prayer for bail after six months, if, in the meanwhile, there was

Patna High Court CR. MISC. No.34429 of 2021(2) dt.04-08-2021 2/2 no substantial progress at the trial.

Learned counsel for the petitioner has argued that there is no perceptible progress at the trial at all. He has submitted that co-accused, similarly circumstanced, has been allowed regular bail by this Court.

Considering the above-noted facts and submissions advanced on behalf of the petitioner, this application is allowed. Let the petitioner, above-named, 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 learned A.C.J.M.-XI, Bhagalpur, in Tatarpur P.S. Case No. 48 of 2019. (Chakradhari Sharan Singh, J) Rajesh/- U T