Patna High CourtCR. MISC./47583/2023bail granted

Md. Zafar v. The State Of Bihar

2023-09-15Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47583 of 2023 Arising Out of PS. Case No.-390 Year-2019 Thana- MANIHARI District- Katihar ====================================================== MD. ZAFAR SON OF MD. USMAN RESIDENT OF VILLAGE- BAULIA GUMTI, NARAYANPUR, PS- MANIHARI, DISTRICT- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghvendra Kumar Singh, Advocate For the State :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for regular bail arises out of Manihari P.S. Case No.390 of 2019 and S.T. No. 83 of 2020, disclosing offence punishable under Sections 147, 148, 149, 341, 342, 323,324,326, 307, 332, 333, 216, 224, 225, 337, 338, 353, 186,504 of the Indian Penal Code and Sections 25(1-b) a/26/27 of Arms Act.

3. The petitioner's prayer for bail was earlier rejected thrice. This is his fourth attempt. Learned counsel for the petitioner has submitted that he has remained in custody since 16.11.2019 and majority of the witnesses have not been examined so far at the trial. He, accordingly, submits that there

Patna High Court CR. MISC. No.47583 of 2023(4) dt.15-09-2023 2/2 is no likelihood of the trial being concluded in near future. On the ground of period of incarceration, he submits that the petitioner should be directed to be released on bail.

4. From the records, it transpires that the petitioner has criminal antecedent of his involvement in cases of serious nature and that was the reason why his prayer for bail was rejected but with direction for the trial court to conclude the trial expeditiously.

5. Since, the petitioner has remained in custody in connection with this case for nearly four years and the trial has not concluded, it is deemed expedient in the interest of justice to direct the petitioner's release on bail. Accordingly, this application is allowed.

6. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Sessions Judge, Katihar in Manihari P.S. Case No.390 of 2019 and S.T. No. 83 of 2020.

(Chakradhari Sharan Singh, J) Suraj/RajeshU T