Patna High CourtCR. MISC./20967/2018bail granted

Shamim Akhtar @ Md. Shamim Akhtar v. The State Of Bihar

2018-05-14Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.20967 of 2018 (2) dt.14-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20967 of 2018 Arising Out of PS.Case No. -97 Year- 2017 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Shamim Akhtar @ Md. Shamim Akhtar S/o Md. Mahfooj, R/o Islampur, P.S.- Nanpur, Distt.- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha,Adv For the Opposite Party/s : Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 26.04.2017 has renewed his prayer for bail in connection with S. Tr. 120 of 2018/54 of 2018, arising out of Warisnagar P.S. Case No. 97 of 2017 for the offences alleged under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act, having earlier been rejected by this Court by order dated 07.01.2018 in Criminal Miscellaneous No. 2281 of 2018.

3. It is submitted that the petitioner has been falsely implicated and in any event in a subsequent development, charges have now been framed on 06.03.2018.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and considering the period of custody already suffered since 26.04.2017, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Samastipur in connection

Patna High Court Cr.Misc. No.20967 of 2018 (2) dt.14-05-2018 with S. Tr. 120 of 2018/54 of 2018, arising out of Warisnagar P.S. Case No. 97 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T