Phukan Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61379 of 2021 Arising Out of PS. Case No.-351 Year-2018 Thana- BOCHAHAN District- Muzaffarpur ====================================================== PHUKAN SHEIKH Son of Manik Sheikh Resident of Village - Kasipur, P.S.- Sarkit, District - North Sabvijbarna, Kolkata (W.B.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Mohan, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-12-2021 Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of regular bail in a case registered under sections 395 and 397 of the Indian Penal Code.

As per the prosecution case, the petitioner and coaccused Jai Kumar are said to have been caught while committing dacoity.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 20.11.2019 (Annexure 1) passed in Cr. Misc. no. 35642 of 2019. It is submitted that the petitioner is in custody since 1.1.2019 and there is no progress in the case in the learned trial Court. Further, the case of the petitioner stands on a similar footing to that of co-accused Jai Kumar who has been

Patna High Court CR. MISC. No.61379 of 2021(2) dt.21-12-2021 2/2 enlarged on bail vide order dated 6.8.2021 passed in Cr. Misc. no. 11120 of 2021.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for 2 years 11 months and grant of bail to similarly situated co-accused, the Court directs the petitioner to be enlarged on bail in connection with Bochahan P.S. Case no. 351 of 2018 (Sessions Trial no. 257 of 2019) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge V, Muzaffarpur.

(Partha Sarthy, J) Prakash/- U