Md. Sarfaraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41730 of 2019 Arising Out of PS. Case No.-157 Year-2018 Thana- TEKARI District- Gaya ====================================================== MD. SARFARAJ Son of Mohiuddin Mian @ Monouddin Mian @ Mohammad Mohiuddin @ Monouddin Resident of Village- Laxmipur, P.S.- Belaganj, District- Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudha Chandra For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Tekari (Panchanpur O.P.) P.S. Case No. 157/2018, instituted under Sections 302/24 of the Indian Penal Code.

Earlier prayer for bail of petitioner was rejected by this Court vide order dated 17.12.2018 passed in Cr. Misc. No. 68119/2018 with direction to the court below to conclude the trial within six months.

It is alleged in the written report that on the date of occurrence Md. Aftab assaulted the brother of informant with tangi on his head. It is further alleged that co-accused Md. Sahdam fired with pistol on the head of brother of informant. It

Patna High Court CR. MISC. No.41730 of 2019(3) dt.24-07-2019 2/3 is further alleged that co-accused Md. Sarfaraz, Mohd. Shamshad and Mohd. Zakir put Gamcha around the neck of brother of informant on account of which he died. Report from the court below about stage of trial has been received, from which it appears that only one witness has been examined till date.

Learned counsel for the petitioner has submitted that Md. Saddam has already been granted bail by a Co-ordinate Bench of this Court vide order dated 11.04.2019 passed in Cr. Misc. No. 74743/2018.

Petitioner is in custody since 14.06.2018.

Keeping in view the period of custody spent by petitioner and only one witness has been examined till date, prayer of the petitioner for grant of bail is allowed. 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 A.D.J. IVth, Gaya in connection with Tekari (Panchanpur O.P.) P.S. Case No. 157/2018, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and

Patna High Court CR. MISC. No.41730 of 2019(3) dt.24-07-2019 3/3 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 and (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) rakhi/- U T