Kasim Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12945 of 2017 Arising Out of PS.Case No. -71 Year- 2016 Thana -GORIAKOTHI District- SIWAN ====================================================== Kasim Mian Son of Late Noor Mohammad Miya, Resident of VillageWazidpur, Police Station- Goriakothi, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-04-2017 Heard Sri Satish Kumar Sinha, learned counsel assisted by Sri Javed Aslam, learned counsel for the petitioner and Sri Damodar Prasad Tiwary, learned Additional Public Prosecutor .

This is third attempt for grant of bail on behalf of the petitioner in Goreakothi P.S. Case No. 71 of 2016 registered for the offence under Sections 341, 323, 332, 353, 427, 504, 506 , 34 of the Indian Penal Code .

It was submitted by learned counsel for the petitioner that petitioner is in custody since 11.6.2016. Learned counsel for the petitioner has argued that the case is triable by Magistrate and even though the petitioner is in custody for about 9 months, trial has not been concluded.

Patna High Court Cr.Misc. No.12945 of 2017 (2) dt.12-04-2017 2/2 Considering the nature of accusation, period of custody as well as the fact that there is no adequate progress in the case, as submitted by learned counsel for the petitioner, there is no reason to further detain the petitioner.

Let the petitioner Kasim Mian be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan/ concerned court in connection with Goreakothi P.S. Case No. 71 of 2016.

(Rakesh Kumar, J) Praful/- U T