Sonameer @ Sona Neer v. The State Of Bihar

Patna High Court Cr.Misc. No.26084 of 2018 (2) dt.14-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26084 of 2018 Arising Out of PS.Case No. -264 Year- 2017 Thana -RAJPUR District- BUXAR ====================================================== Sonameer @ Sona Neer, S/o Md. Mustak Mir @ Mir Mustak @ Mustak Nir, Resident of Village- Banni, P.S. Dhansoi, District Buxar. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ajit Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner, who is in custody since 10.10.2017, has renewed his prayer for bail in connection with Rajpur P.S. Case No. 264 of 2017 for the offence alleged under Sections 411 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act having earlier been rejected by this Court by order dated 15.01.2018 in Cr. Misc. No. 2158 of 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of eight round country made pistols with one pellet loaded from the upper portion of his trouser. It is stated that charges have since been framed on 04.01.2018 and three prosecution witnesses have been examined but the trial is not proceeding expeditiously as the remaining witnesses are not turning up.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody already suffered since 10.10.2017, let the

Patna High Court Cr.Misc. No.26084 of 2018 (2) dt.14-05-2018 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 Additional Chief Judicial Magistrate-VII, Buxar, in connection with Rajpur P.S. Case No. 264 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) Md. Ibrarul/BT U T