Patna High CourtCR. MISC./39586/2017bail granted

Sabbir Alam @ Sabbir Mian @ Md. Sabbir Mian @ Md. Sabbir v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39586 of 2017 Arising Out of PS.Case No. -132 Year- 2015 Thana -NAWAKOTHI District- BEGUSARAI ====================================================== Sabbir Alam @ Sabbir Mian @ Md. Sabbir Mian @ Md. Sabbir, Son of Alijan Mian, Resident of Village- Rajakpur, P.S. Nowkothi, DistrictBegusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party : Smt Sangeeta Sharma (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 twice rejected vide order dated 04.05.2016 and 29.03.2017 passed in Cr. Misc. 12350 of 2016 and Cr. Misc. No. 13024 of 2017 respectively, on the ground that the petitioner is in custody since 05.11.2015, the trial has not been concluded, only four prosecution witnesses have been examined and in near future the trial is not likely to be concluded.

The learned A.P.P. submits that there is strong circumstantial evidence against the petitioner but trial has not been concluded and the petitioner was given liberty to renew his prayer for bail after three months.

Patna High Court Cr.Misc. No.39586 of 2017 (2) dt.23-08-2017 2/2 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 Additional District & Sessions Judge-V, Begusarai, in connection with Nawkothi P.S. Case No. 132 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