Md. Naiyar Uzzama v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30364 of 2015 Arising Out of PS.Case No. -15 Year- 2014 Thana -AMAUR District- PURNIA ====================================================== Md. Naiyar Uzzama S/o late Sk. Riyazuddin resident of Village -Barbatta, Ps Amour, District Purnea.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Saket Kumar Singh, Advocate. For the Opposite Party : Mr. Ansarul Haque(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-08-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner wants to renew his prayer for bail which had already been rejected by order dated 18.02.2015 passed in Cr. Misc. No. 45720 of 2014 on the ground that the petitioner is suffering in custody since 16.09.2014 and the doctor has not mentioned the nature of injury and as such considering detention of the petitioner he deserves sympathetic consideration as in near future the trial is not likely to be concluded and the two witnesses examined have turned hostile which is evident from the order dated 23.04.2015 passed by the 1st Additional Sessions Judge, Purnea.

The learned A.P.P. fairly submits that the doctor has

Patna High Court Cr.Misc. No.30364 of 2015 (3) dt.19-08-2015 2/2 not mentioned the nature of the injury which is evident from the order dated 23.04.2015 of the learned court below. In the facts and circumstances as stated above, considering detention of the petitioner at this stage now he is directed to 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 1st Additional Sessions Judge, Purnia in S.T. No. 157 of 2015 arising out of Amour P.S. Case No. 15 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T