Patna High CourtCR. MISC./13060/2017bail granted

Amaludin @ Amaluddin @ Md. Amaludin Ahamad v. The State Of Bihar

2017-03-22Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.13060 of 2017 (2) dt.22-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13060 of 2017 Arising Out of PS.Case No. -167 Year- 2015 Thana -HUSAINGANJ District- SIWAN ====================================================== Amaludin @ Amaluddin @ Md. Amaludin Ahamad Son of Md. Hussain, Resident of Village- Pratap Pur, Police Station- Hussainganj, DistrictSiwan. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 05.04.2016 passed in Cr. Misc. No. 58243 of 2015, on the ground that the petitioner is in custody since 13.08.2015, there is no specific allegation against him, only one injury has been found on the person of the deceased and there is case and counter case. The petitioner has got no criminal antecedent, up-till-now no prosecution witness has been examined and similarly situated co-accused Kyamuddin @ Qummuddin has been allowed bail vide order dated 18.10.2017 passed in Cr. Misc. No. 1146 of 2017 by this Court. APP fairly submits that similarly situated co-accused Kyamuddin has been allowed bail.

Patna High Court Cr.Misc. No.13060 of 2017 (2) dt.22-03-2017 In the facts and circumstances stated above, 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 learned Chief Judicial Magistrate, Siwan in connection with Hussainganj P.S. Case No. 167 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