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Patna High CourtCR. MISC./39753/2024allowed

Md. Shohail @ Ladden @ Sohail v. The State Of Bihar

2024-07-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39753 of 2024 Arising Out of PS. Case No.-177 Year-2022 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Md. Shohail @ Ladden @ Sohail Son of Sabbir Ahmad Resident of Village - Tedhi Bazar, P.S.- Mohiuddin Nagar, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for regular bail in a case registered for the offence punishable under sections 302, 201, 34 of the Indian Penal Code which was earlier rejected by this Court vide order dated 8.8.2023 passed in Cr. Misc. No. 39302 of 2023.

3. In pursuance to the direction of this Court, a report dated 28.6.2024 with regard to present stage of trial has been received by which it appears that the no any witness has been examined as yet and the trial is likely to be concluded within six months.

4. It is submitted by learned counsel for the petitioner that there is no hope to conclude the trial in near future and the

Patna High Court CR. MISC. No.39753 of 2024(3) dt.12-07-2024 2/2 petitioner is languishing in judicial custody since 16.7.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mohiuddin Nagar P.S. Case No. 177 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge, Samastipur with subject to following conditions:

(i) the petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(ii) In case, the petitioner tempers with the evidence after enlargement on bail, his bail bonds shall be cancelled by the Court below.

(Sunil Kumar Panwar, J) amandeep/- U