Md. Faiyaz And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27828 of 2015 Arising Out of PS.Case No. -38 Year- 2014 Thana -BARIYARPUR District- MUNGER ====================================================== Pankaj Rai son of Late Surendra Rai, resident of village - Fulkia, Police Station - Bariarpur, District - Munger .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.29130 of 2015 Arising Out of PS.Case No. -38 Year- 2014 Thana -BARIYARPUR District- MUNGER ======================================================

1. Md. Faiyaz son of Md. Jakruddin,

2. Md. Parvej Alam son of Late Abul Khan, Both residents of village - Mirzapur Bardah, P.S.-Munger, Muffasil, District -Munger .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.27828 of 2015) For the Petitioner/s : Mr. Ram Sevak Choudhary, Advocate For the Opposite Party/s : Mr. M.K.Khare, APP (In Cr.Misc. No.29130 of 2015) For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. M.K. Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-07-2015 Heard respective counsel for the parties.

These two applications arise out of a common FIR. The respective petitioners in these applications seek bail in connection with Bariyarpur P.S. Case No.38 of 2014 registered under various sections of the Arms Act.

The prayer for bail of the petitioners was earlier rejected by this Court vide order dated 2.9.2014 passed in Cr.Misc.

Patna High Court Cr.Misc. No.27828 of 2015 (2) dt.09-07-2015 2/2 No.27912 of 2014 and analogus cases with a direction to expedite the trial and conclude the same within nine months from the date of receipt/production of a copy of the order failing which the respective petitioners were granted liberty to renew their prayer for bail.

It has been contended that the petitioners are in custody since 21st March, 2014 and till date only three witnesses could be examined on behalf of the prosecution during trial. It has further been contended that two other co-accused, namely, Md. Meraz and Md. Shahid Alam @ Md. Shahid having identical allegation have already been granted bail vide order dated 2.2.2015 passed in Cr. Misc. Nos.34700 of 2014 and 35197 of 2014 respectively by a Bench of this Court.

Regard being had to the facts and circumstances of the case, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 5th Additional District and Sessions Judge, Munger in connection with Sessions Trial No.628 of 2014 arising out of Bariyarpur P.S. Case No.38 of 2014.

(Ashwani Kumar Singh, J) Md.S./- U T