Patna High CourtCR. MISC./38764/2017bail granted

Md. Aslam v. The State Of Bihar

2017-08-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38764 of 2017 Arising Out of PS.Case No. -256 Year- 2015 Thana -MAJORGANJ District- SITAMARHI ====================================================== Md. Aslam, Son of Late Md. Safiq, R/o Village- Majorganj, P.S.- Majorganj, District- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar Sinha, Advocate For the Opposite Party : Smt Renu Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-08-2017 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 04.07.2016 passed in Cr. Misc. 17685 of 2016, on the ground that the petitioner is in custody since 05.12.2015, there is no legal and tangible material against the petitioner, the name of the petitioner has come in the statement of Surendra Sah, but Surendra Sah has turned hostile and did not support the prosecution case. further in this case coaccused Subhash Mahto has been allowed bail vide Cr. Misc. No. 34195 of 2017 by order dated 02.08.2017 and, as such, he deserves sympathetic consideration.

The learned A.P.P. fairly submits that Surendra Sah

Patna High Court Cr.Misc. No.38764 of 2017 (2) dt.23-08-2017 2/2 has turned hostile.

In the facts and circumstances stated above, the 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 F.T.C.-II, Sitamarhi, in connection with Majorganj P.S. Case No. 256 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.) Rajiv/- U T