Md. Sahzada @ Sahjada @ Billa @ Mir Sajjad Baig @ Mirza Sajjad Baig v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52164 of 2016 Arising Out of PS.Case No. -509 Year- 2011 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Md. Sahzada @ Sahjada @ Billa @ Mir Sajjad Baig @ Mirza Sajjad Baig, son of Sahane @ Mir Zafrul Baig, Resident of Mohalla- Shahbaznagar, Hussainpur, Police Station- Mojahidpur, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Syed Masleh-Uddin Ashraf, Advocate For the Opposite Party : Mr. Sri Ajit Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail, which was earlier rejected vide order dated 19.09.2016 passed in Cr. Misc. No. 31382 of 2016, on the ground that the petitioner is in custody since 02.02.2016 and he was given liberty to renew his prayer for bail after remaining nine months in custody in this case and, as such, now the petitioner deserves sympathetic consideration. In near future the trial is not likely to be concluded and there is no chance of tampering with the prosecution evidence. The learned A.P.P. fairly submits that the petitioner was given liberty to renew his prayer of bail after remaining nine

Patna High Court Cr.Misc. No.52164 of 2016 (2) dt.07-12-2016 2/2 months in custody.

In the facts and circumstances stated above, petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Additional District and Sessions Judge VI, Bhagalpur, in connection with S.Tr. No. 173 of 2016, arising out of Kotwali (Tatarpur) P.S. Case No. 509 of 2011, 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.) Rajiv/- U T