Sajid @ Babloo @ Md. Sajeed @ Md. Sazid @ Bablu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73175 of 2018 Arising Out of PS. Case No.-219 Year-2017 Thana- SAMASTIPUR District- Samastipur ====================================================== Sajid @ Babloo @ Md. Sajeed @ Md. Sazid @ Bablu Son of late Md. Asaraf Resident of Village-Neemchak Chowk, Dargah, P.S. Tajpur, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Samastipur Town P.S. Case No. 219 of 2017 instituted for the offence under Section(s) 399/402/414/34 of the Indian Penal Code.

Petitioner is in custody since 21.09.2017, Earlier prayer for bail of the petitioner was rejected by co-ordinate Bench of this Court by order dated 22.02.2018 passed in Criminal Miscellaneous No. 10362 of 2018 with liberty to renew his prayer of bail if trial is not concluded within six months after framing of charge.

A report was called for from the Court below which

Patna High Court Cr.Misc. No.73175 of 2018(5) dt.21-02-2019 2/3 has been received.

It is mentioned in the report that charge has been framed on 5.01.2018 for the offence under Sections 399/402 and 414 of the Indian Penal Code. The court below has mentioned in the report that till date three witnesses have been examined and five more witnesses are yet to be examined.

Keeping in view the period of custody already spent by the petitioner as also the fact that trial has not yet been concluded and as per the report received from the Court below five more witnesses are yet to be examined in this case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Presiding Officer, Fast Track Court No. 1, Samastipur in connection with S.T. No. 832 of 2017 arising out of Samastipur Town P.S. Case No. 219 of 2017 subject to the following conditions:- (i) Both the bailors shall be the close relative of the petitioner.

(ii) The petitioner shall be present on each and every date fixed by the Court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner.

Patna High Court Cr.Misc. No.73175 of 2018(5) dt.21-02-2019 3/3 (iii) If petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) shyambihari/mu keshU T