Md. Tauhid Khan @ Tauhid Khan v. The State Of Bihar

Patna High Court Cr.Misc. No.4507 of 2017 (2) dt.08-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4507 of 2017 Arising Out of PS.Case No. -139 Year- 2015 Thana -DURGAWATI District- BHABHUA (KAIMUR) ====================================================== Md. Tauhid Khan @ Tauhid Khan S/o Liyakat Khan Resident of VillageDumari, P.S. - Durgawati, District- Kaimur at Bhabua.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-02-2017 Heard learned Sr. Counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected twice vide order dated 01.03.2016 and 07.09.2016 passed in Cr. Misc. No. 52693 of 2015 and 23032 of 2016 respectively, on the ground that the petitioner is suffering in custody since 03.08.2015. He is not the assailant of the deceased and such he deserves sympathetic consideration, further the trial has not been concluded within four months and the petitioner was given liberty to renew the prayer of bail.

Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that the petitioner has caused firearm injury on vital part of injured Nasruddin Khan.

Patna High Court Cr.Misc. No.4507 of 2017 (2) dt.08-02-2017 In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI, Kaimur at Bhabua in S. Tr. No. 345 of 2015 - 444 of 2015/ 283 of 2016 arising out of Durgawati P.S. Case No. 139 of 2015, 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) avin/- U T