Md Sanaullah @ Sanaulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2772 of 2021 Arising Out of PS. Case No.-331 Year-2019 Thana- BALIYA District- Begusarai ====================================================== Md Sanaullah @ Sanaulla Son of Md. Jahangir Resident of Ward No.4, Chhoti Ballia Saidan Chak, P.S.- Ballia, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abul Kalam For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

09-03-2021 It appears that earlier, the prayer for bail of petitioner was rejected, vide order dated 06.02.2020 passed in Cr.Misc. No. 6996 of 2020 (Annexure-1 to the bail application) with following observation:

"Having heard both sides, considering the allegations as well as the antecedent, I am not inclined to grant bail to the petitioner at this stage. Accordingly, his prayer for bail is rejected".

It is submitted on behalf of petitioner that petitioner is in custody since 28.08.2019 and thus, has completed total one year and six months in custody. Chargesheet has already been submitted.

As per the prosecution case, one stolen motorcycle and three mobiles were recovered from possession of the petitioner.

Patna High Court CR. MISC. No.2772 of 2021(2) dt.09-03-2021 2/2 Considering the nature of allegation and period of custody, let the above named petitioner be enlarged 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., Begusarai in connection with Ballia P.S. Case No. 331 of 2019, 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