Noor Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21356 of 2017 Arising Out of PS.Case No. -5 Year- 2016 Thana -PATHAMARI District- KISANGANJ ====================================================== Noor Mohammad S/o Rahimuddin Resident of Telibhitta, P.S. - Pathamari, District - Kishanganj.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Sinha, Advocate Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Sri Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2017 This is an application for grant of bail for offences punishable under Sections 341, 323, 447, 328, 504, 506 and 302/34 of the Indian Penal Code.

Earlier prayer for bail of the petitioner was rejected on merit vide order dated 25.01.2017 passed in Cr. Misc. no. 53819 of 2016 with an observation that he may renew his prayer for bail after framing of charge in this case. It has been submitted on behalf of the petitioner that charge has already been framed in this case which will appear from Annexure-3 and petitioner has remained in custody for eight months.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts and

Patna High Court Cr.Misc. No.21356 of 2017 (2) dt.03-05-2017 2/2 circumstances, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Pathamari P.S. Case no. 05/2016 (Gr. No.391/2016) with the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sudip/- U T