Noor Alam @ Captain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32752 of 2019 Arising Out of PS. Case No.-45 Year-2000 Thana- PRANPUR District- Katihar ====================================================== Noor Alam @ Captain Son of Late Sahabuddin @ Samsuddin Resident of Village - Purana Magarchhala, P.S.- Pranpur, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 328, 302, 201, 406/34 of the Indian Penal Code. The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application with an observation 'at this stage'.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.04.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Due to previous enmity, the petitioner has been made accused in the present case. It is a case of last seen. There is no eye witness to the alleged occurrence. The date of occurrence is 5.7.2000 and the F.I.R. was instituted on 15.09.2000. Delay has

Patna High Court CR. MISC. No.32752 of 2019(4) dt.04-09-2019 2/2 not been explained by the prosecution.

A report was called for from the court below. It has been reported that out of ten witnesses, only five witnesses have been examined.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 Additional Sessions Judge IV-cum-F.T.C. II, Katihar in connection with S.T. No.187 of 2018 arising out of Pranpur P.S. case No.45 of 2000, subject to the condition that the petitioner shall be present on each and every date fixed by the trial court, failing which the trial court will be at liberty to cancel the bail of the petitioner. (Sudhir Singh, J) Narendra/- U T