Patna High CourtCR. MISC./15054/2016bail granted

Md. Faruk v. The State Of Bihar

2016-07-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 15054 of 2016 Arising out of P.S. Case No. -189 Year- 2015 Thana - DHURAIYA District- BANKA =================================================== Md. Faruk, Son of Md. Samir @ Mohd. Shamim, Resident of Village-Laitha, P.S.-Basantari, District-Godda (Jharkhand). .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Obaidur Rahman, Adv. For the Opposite Party/s: Md. Sufiyan (APP) =================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03.

18.07.2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 26.08.2015 in connection with S.Tr. No. 38 of 2016 arising out of Dhoraiya P.S. Case No. 189 of 2015 pending in the Court of Additional District & Sessions Judge-V, Banka for the offences instituted under Section 394 of the Indian Penal Code.

The earlier bail application of the petitioner was rejected vide Cr. Misc. No. 50276 of 2015 dated 05.02.2016 with an observation that "the petitioner may renew his prayer for bail after framing of charge". This is the second attempt for bail on behalf of the petitioner. Petitioner is in custody since 26.08.2015. Charge has been framed on 04.03.2016. There is no allegation of

Patna High Court Cr.Misc. No.15054 of 2016 (3) dt.18-07-2016 tampering of evidence against the petitioner. On behalf of the State, it has been submitted that the petitioner is not named in the FIR.

Considering the observation made in the earlier order dated 05.02.2016 passed in Cr. Misc. No. 50276 of 2015, let the petitioner, above named 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 Additional District & Sessions Judge-V, Banka in connection with S.Tr. No. 38 of 2016 arising out of Dhoraiya P.S. Case No. 189 of 2015.

Vikash/- (Sudhir Singh, J.) U T