Md. Taukir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49515 of 2021 Arising Out of PS. Case No.-332 Year-2020 Thana- PURNEA SADAR District- Purnia ====================================================== Md. Taukir Son of Md. Tajamul @ Tajmul Hussain Resident of villageNiyamatpur, P.S. Barsoi, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikramdeo Singh Mr.Bijendra Kumar Singh For the Opposite Party/s :

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

06-10-2021 Heard learned counsel for the parties.

Earlier, the bail petition of petitioner was rejected, vide order dated 14.06.2021 passed in Cr.Misc. No. 2748 of 2021.

On last occasion, vide order dated 01.09.2021, a report was called for from the court below regarding stage of the trial, which has been received and kept at flag 'A'. From perusal of the same, it appears that the case has been committed to the court of sessions.

It is submitted on behalf of the petitioner that petitioner is in custody since 16.09.2020 and there is no adequate progress in the trial. It is further submitted that one coaccused Ajmal Pyam @ Azmal Payam has already been granted

Patna High Court CR. MISC. No.49515 of 2021(3) dt.06-10-2021 2/2 bail by a coordinate Bench of this Court, vide order dated 19.07.2021 passed in Cr.Misc. No. 7345 of 2021 (Annexure - 4 to the petition).

Considering the period of custody and the fact that one co-accused has already been granted bail, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned C.J.M., Purnea in connection with Purnea Sadar P.S. Case No. 332 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T