Md. Qaiser @ Md. Kaishar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1200 of 2018 Arising Out of PS.Case No. -9 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Md. Qaiser @ Md. Kaishar, son of Late Md. Abdullah, Resident of Village- Bauli Moalla Masjid Chowk Hajipur P.S. Hajipur Town, DistrictVaishali at Hajipur. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Lovekush Kumar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2018 Earlier the appeal of the appellant for grant of bail was rejected vide order dated 31.08.2017 passed in Cr. Appeal (SJ) No. 2067 of 2017.

Submission of learned counsel for the appellant that he has been made accused in this case only on the basis of suspicion and except that there is nothing against the appellant and he has been in custody since 08.01.2017, and other similarly situated coaccused has already been granted bail by this Court vide order dated 09.10.2017 passed in Cr. Appeal (SJ) No. 2212 of 2017. Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also the period of custody of the appellant, this appeal is allowed. Let the appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each

Patna High Court CR. APP (SJ) No.1200 of 2018 (2) dt.19-04-2018 2/2 to the satisfaction of learned Addl. District & Sessions Judge Icum- Special Judge, SC/ST Act, Hajipur at Vaishali, in connection with Hajipur Sadar P.S. Case No. 09/2017, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T