Noor Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36666 of 2019 Arising Out of PS. Case No.-241 Year-2000 Thana- SUPAUL District- Supaul ====================================================== Noor Mohammad Son of Md. Israfil Resident of Village - Mahua, P.S.- and Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Nath Yadav, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 341/323/324/307/ 447 / 379/504/34 of the Indian Penal Code.

It is a case of misuse of privilege of bail and the misuse is of 12 years after framing of the charges. However, the petitioner is ready to cooperate with the trial. Submission is that co-accused Md. Isarafil having identical situation has already been allowed bail by a coordinate Bench of this Court vide Annexure No.2. Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.36666 of 2019(2) dt.18-06-2019 2/2 Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with S.T. No.49 of 2001, arising out of Supaul P.S. Case No.241 of 2000, with condition that the petitioner shall fully cooperate with the trial. If the trial is not proceeded due to non-cooperation of the petitioner the Court-below shall be at liberty to cancel the bail bond of the petitioner and shall be released only after conclusion of the trial.

(Birendra Kumar, J) Mkr./- U T