Md. Faiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35782 of 2022 Arising Out of PS. Case No.-261 Year-2016 Thana- PUPRI District- Sitamarhi ====================================================== MD. FAIYAZ SON OF MD. SAHID SHEIKH R/O VILLAGE- RAMPUR, KHURD, P.S.- PUPRI, DISTRICT- SITMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has renewed his prayer for bail in a case registered under sections 302, 363, 201 and 120B of the Indian Penal Code.

As per the prosecution case, the husband of the informant who had gone out for work did not return and was not to be found inspite of search.

It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 6.5.2022 (Annexure-1) passed in Cr. Misc. no. 54420 of 2021 giving liberty to the petitioner to renew his prayer for bail after framing of charge. Referring to the order dated 13.4.2022 (Annexure-5) passed in Sessions Trial no. 119

Patna High Court CR. MISC. No.35782 of 2022(2) dt.13-07-2022 2/2 of 2022 by the learned Additional Sessions Judge XII, Sitamarhi it is submitted that charge has been framed against the petitioner under sections 302/34, 363/34, 201/34 and 120/34 of the Indian Penal Code. The petitioner is in custody since 12.4.2021 and undertakes to cooperate in the trial.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the liberty granted to the petitioner vide aforesaid order of rejection dated 6.5.2022, charge having been framed against the petitioner vide order dated 13.4.2022 (Annexure-5) and the petitioner having remained in custody for more than 1 year since 12.4.2021, the Court directs the petitioner to be enlarged on bail in connection with S.Tr. no. 119/22/46/22 (arising out of Pupri P.S. Case no. 261 of 2016) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J-XII, Sitamarhi.

(Partha Sarthy, J) Prakash/- U