Mansad Ali @ Md. Mansad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32858 of 2015 Arising Out of PS.Case No. -74 Year- 2014 Thana -AMNAUR District- SARAN ====================================================== Mansad Ali @ Md. Mansad Ali, Son of Nizamuddin Ali, Resident of Bathaha, P.s Morhowrah, District Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. (Dr.) Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 19-08-2015 Heard.

The prayer for bail of the petitioner was earlier rejected by an order dated 10.04.2015 passed in Cr.Misc.No.43265 of 2014 with an observation that he shall be at liberty to renew his prayer for bail on completion of one year in judicial custody. Learned counsel appearing on behalf of the petitioner submits that the petitioner is in judicial custody since 07.07.2014 i.e. more than one year. He further submits that now the case has been committed to the court of Session and though the charges have been framed against the petitioner, but till date only two witnesses have been examined. Therefore, according to him, there is no chance of conclusion of his trial in near future. Learned Addl.P.P. appearing on behalf of the State does not dispute the aforesaid facts.

In the aforesaid facts and circumstances, the prayer for bail is allowed.

The petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of

Patna High Court Cr.Misc. No.32858 of 2015 (2) dt.19-08-2015 the like amount each to the satisfaction of the learned A.D.J.-IX, Saran at Chhapra in connection with Sessions Trial No.551 of 2014, arising out of Amnour P.S. Case No.74 of 2014, subject to the conditions that:

(a) One of the bailors shall be government servant (b) other bailor shall be close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (c) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned;

(d) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Prasad Verma, J) Arvind/- U T