Md. Hasnain @ Sufi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56845 of 2018 Arising Out of PS. Case No.-124 Year-2016 Thana- RAMGARHWA District- East Champaran ====================================================== Md. Hasnain @ Sufi, S/o Late Isha @ Sheikh Isha, R/o Vill. - Murgiya Tola, P.S.- Ramgarhwa, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr. Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 427, 302, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

This Court had refused prayer for regular bail to the petitioner in Cr. Misc. No. 62388 of 2017 on 26.02.2018 with direction to the trial court to expedite the trial, even after separating the trial of the petitioner.

The report of the learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari reveals that in the month of December, 2018, the trial has been committed to the court of sessions.

Patna High Court Cr.Misc. No.56845 of 2018(6) dt.13-02-2019 2/2 According to FIR, on the order of this petitioner, two others had fired and thereafter, the petitioner gave farsa blow causing injury near the abdomen of the deceased. Though the Doctor has found injury at the abdomen also, however, cause of death was firearm injury caused by others. The petitioner is in custody since 31.10.2017.

Considering the entire facts, let the petitioner, above named, be released on bail after framing of the charges on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Ramgarhwa Police Station Case No. 124 of 2016, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/Rajan U T