Md. Sakil v. The State Of Bihar
Patna High Court Cr.Misc. No.44776 of 2015 (3) dt.14-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44776 of 2015 Arising Out of PS.Case No. -577 Year- 2014 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================
1. Md. Sakil Son of Md. Tohid, Resident of B.B. 338, Bagdiyan Basti, Navikarim Nagar, P.S. - Najee Karim, Paharganj, New Delhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Soni For the Opposite Party/s : Mr. Indra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
In the present case, the petitioner is seeking bail in connection with Hajipur P.S. Case No.577 of 2014 (S.T. No.145/2015) registered for the offences punishable under Sections 489 (A), 489 (B), 489 (C), 420 and 120 (B) of the Indian Penal Code.
The petitioner had earlier moved this Court in Cr. Misc. Nos. 51289/2014 and this Court vide order dated 03.03.2015 rejected the bail of the petitioner and the Court had given observation that if the trial is not concluded within six months, the petitioner will have at liberty to renew his prayer for bail. The petitioner is in jail since 14.07.2014 and other coassociates have already been enlarged on bail. Looking to the period of custody and the attendant facts
Patna High Court Cr.Misc. No.44776 of 2015 (3) dt.14-10-2015 and circumstances of the case, the petitioner, above named, shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge-I, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No.577 of 2014 (S.T. No.145/2015), subject to the conditions that: (i) one of the bailors will be a close relative of the petitioner and the other a local person, (ii) if the petitioner would be found involved in similar type of case in future, prosecution will be at liberty to file application for cancellation of bail and the court below will pass necessary order, including cancellation of bail bonds and (iii) that the petitioner would co-operate and if the petitioner will fail to co-operate in the proceeding of the court and will remain absent for two consecutive dates without reasonable explanation, the court will pass appropriate order, including cancellation of bail bonds.
V.P.Sinha/- (Shivaji Pandey, J) U