Shekh Saheb v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40579 of 2024 Arising Out of PS. Case No.-489 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Shekh Saheb Sonof Shekh Badsahi @ Shekh Badsah Resident of Village - Meghwal Mathiya, Police Station - Ramnagar, District - West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra, Advocate For the State :
Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 01.11.2023 in Cr. Misc. No. 69445 of 2023.
3. The petitioner seeks bail in connection with Shikarpur P.S. Case No. 489 of 2023 registered for the offence punishable under Sections 386 and 387 of the Indian Penal Code.
4. It has been submitted by learned counsel for the petitioner that the petitioner is in jail since 15.07.2023 and
Patna High Court CR. MISC. No.40579 of 2024(3) dt.04-10-2024 2/3 almost all the co-accused have been granted bail. He also submits that though the charges have been framed but no witness has been examined in this case.
5. Considering the period of custody of the petitioner and the delay in trial, this application is allowed.
6. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Bettiah, District-West Champaran in connection with Shikarpur P.S. Case No. 489 of 2023, subject to the condition that the bailors should be the close relative of the petitioner.
7. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioner.
8. The petitioner will also mark attendance in Ramnagar Police Station, West Champaran on every Sunday of the month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioner.
Patna High Court CR. MISC. No.40579 of 2024(3) dt.04-10-2024 3/3
9. Pursuant to the order dated 19.07.2024, the Lower Court records have been received. Let the same be sent back to the concerned Court below immediately.
(Sandeep Kumar, J) P. Kumar U T